James v. Davis et al

Filing 12

ORDER DISMISSING CASE without prejudice, for failure to state a claim upon which relief may be granted. This dismissal shall count as one of Plaintiffs three allotted strikes under 28 U.S.C. § 1915(g). Plaintiffs obligation to pay the filing fee for this action was incurred at the time the action was filed, thus the filing fee of $350 remains due and payable. Signed by Judge Michael J. Reagan on 3/6/2012. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LARRY JAMES, Inmate # 220476,
Plaintiff,
vs.
RANDY J. DAVIS, WEXFORD
HEALTHCARE SERVICES, and
CHRISEY FENTON,
Defendants.

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Case No. 11-cv-0253-MJR

MEMORANDUM AND ORDER
REAGAN, District Judge:
This matter is before the Court for purposes of case management. On
January 25, 2012, Plaintiff was ordered to file his First Amended Complaint no later than
February 29, 2012, identifying the possible John Doe Defendants and fully specifying
his claims against them in order to proceed with this case (Doc. 11, pp. 9-10). Plaintiff
was clearly warned in that Order that failure to file a First Amended Complaint would
result in dismissal of this case. Id. The date to file his First Amended Complaint has
passed, and Plaintiff has failed to tender a proposed amended complaint as ordered.
Also in the January 25, 2012 Order, Defendants Davis, Wexford, and
Fenton (the only named Defendants in this case) were dismissed from this action
without prejudice, for failure to state a claim against them upon which relief could be
granted. As a result, this action is DISMISSED without prejudice, for failure to state a
claim upon which relief may be granted. This dismissal shall count as one of Plaintiff’s
three allotted “strikes” under 28 U.S.C. § 1915(g). Plaintiff’s obligation to pay the filing
fee for this action was incurred at the time the action was filed, thus the filing fee of
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$350 remains due and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133
F.3d 464, 467 (7th Cir. 1998). The Clerk’s Office is DIRECTED to close this case.
IT IS SO ORDERED.
DATED March 6, 2012.
s/ MICHAEL J. REAGAN____
Michael J. Reagan
United States District Judge

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