Matter of Stritzinger ( 2018 )


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  • IN THE SUPREME COURT OF THE STATE OF DELAWARE
    1N TI-te MATTER oF THE §
    PETITIoN oF JoHN s. § No. 253, 2018
    sTRITzINGER FoR A WRiT oF §
    MANDAMUS. §
    Submitted: September 18, 2018
    Decided: September 24, 2018
    Bef`ore VAUGHN, SEITZ, and TRAYNOR, Justices.
    ORDER
    (1) In this matter seeking the issuance of` a writ of` mandamus, the
    petitioner, John S. Stritzinger, filed a motion to proceed in forma pauperis
    (hereinaf’ter “IFP motion”) seeking a waiver of` the Court’s filing fee. By Order dated
    September 10, 2018, the Court denied the IFP motion “as without merit and because
    Stritzinger falsely certified that he has never been found by any court to have abused
    the judicial process by filing frivolous or malicious litigation.” Stritzinger was
    directed to pay the filing fee by August 27, 2018 and was advised that his failure to
    pay the fee would result in the dismissal of this matter without further notice.
    (2) On August 27, 2018, Stritzinger filed a motion requesting an extension
    of time to pay the filing fee. His request was granted. Stritzinger was directed to
    pay the filing fee by September 13, 2018 and was advised that his failure to pay the
    fee would result in the dismissal of` this matter and also that the Court would consider
    no further requests for an extension of time to submit the fee. Stritzinger did not
    submit the filing fee by the September 13 deadline.
    (3) On September 18, 2018, Stritzinger filed a motion to reconsider the
    denial of his IFP motion. The Court finds no basis to grant the motion. Stritzinger’s
    failure to pay the filing fee by the September 13 deadline requires the dismissal of
    this matter for his failure to prosecute.
    NOW, TI-IEREFO‘RE, IT IS ORDERED, under Supreme Court Rules 20(a)
    and 29(b), that this matter is DISMISSED.
    BY TI-[E COURT:
    fsr“ Collt'ns J. Seitz Jr.
    Justice
    

Document Info

Docket Number: 253, 2018

Judges: Seitz J.

Filed Date: 9/24/2018

Precedential Status: Precedential

Modified Date: 9/25/2018