376 F. App'x 424

Cornelius Joseph MCCASTLE, Plaintiff-Appellant v. NORTH TEXAS MEDICAL HOSPITAL, Defendant-Appellee.

No. 09-40983

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 29, 2010.

Cornelius Joseph McCastle, Brickeys, AR, pro se.

*425Before REAVLEY, DAVIS, and HAYNES, Circuit Judges.

PER CURIAM: *

Cornelius Joseph McCastle, Arkansas prisoner # 143801 and former Texas prisoner, proceeding pro se and in forma pau-peris, appeals from the district court’s dismissal without prejudice of this 42 U.S.C. § 1983 complaint. The district court ordered McCastle to pay an initial partial filing fee of $0.17. When McCastle did not pay the fee within the specified time, the district court, pursuant to Fed.R.Civ.P. 41(b), dismissed his complaint for failure to prosecute and failure to obey a court order.

McCastle has not provided, in this court or in the district court, the reason for his nonpayment of the partial filing fee. Nor has he indicated that he has or will pay the partial filing fee. McCastle has therefore waived the issue presented by this appeal. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.1993); see also, Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.1987).

AFFIRMED.

McCastle v. North Texas Medical Hospital
376 F. App'x 424

Case Details

Name
McCastle v. North Texas Medical Hospital
Decision Date
Apr 29, 2010
Citations

376 F. App'x 424

Jurisdiction
United States

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