Edwards v. Schultze et al

Filing 5

ORDER DISMISSING CASE, without prejudice, for failing to comply with Court's prior order and for failing to file a proper complaint; Denying as moot 1 MOTION for Leave to Proceed in forma pauperis; 2 MOTION to Appoint Counsel; and 3 MOTION for Service of Process at Government Expense. Signed by Judge Michael J. Reagan on 12/15/2009. (jwt)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DENNIS EDWARDS, Plaintiff, vs. TODD SCHULTE, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL NO. 09-cv-920-MJR MEMORANDUM AND ORDER REAGAN, District Judge: This matter is before the Court sua sponte. On November 2, 2009, the Clerk of Court received Plaintiff's motion to proceed in forma pauperis (Doc. 1); his motion to appoint counsel (Doc. 2); and his motion for service of process at Government expense (Doc. 3). The Clerk, however, did not receive a complaint. On November 4, 2009, this Court issued a Memorandum and Order (Doc. 4) directing Plaintiff to file a complaint complying with Rule 8 of the Federal Rules of Civil Procedure within thirty days. More than thirty days have passed and Plaintiff has still not filed a complaint in this case. Therefore, IT IS HEREBY ORDERED that this action is DISMISSED, without prejudice for failing to comply with Rules 3 and 8 of the Federal Rules of Civil Procedure and for failing to comply with an order of this Court. See Fed. R. 41(b). All pending motions are DENIED as moot. The Clerk is DIRECTED TO CLOSE THIS CASE. IT IS SO ORDERED. DATED this 15th day of December, 2009. s/ Michael J. Reagan MICHAEL J. REAGAN United States District Judge 2

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