Farner v. Bennie Vick et al

Filing 14

ORDER DISMISSING CASE without prejudice for failure to comply with an order of this Court and failure to prosecute this case. Signed by Judge Michael J. Reagan on 10/6/2011. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

JOSHUA STEVEN FARNER,
Inmate #020887,
Plaintiff,
vs.
BENNIE VICK, et al.,
Defendants.

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Case No. 11-cv-0664-MJR

MEMORANDUM AND ORDER
REAGAN, District Judge:
This action came before the Court on Plaintiff’s motion to proceed in forma pauperis
(Doc. 2). On August 18, 2011, Plaintiff was ordered to pay the filing fee of $350.00 or file a proper
motion to proceed in forma pauperis supported by a certified copy of his prison trust fund account
statement no later than September 19, 2011 (Doc. 11). That deadline passed several weeks ago, and
Plaintiff has not tendered the filing fee to this Court or filed a proper in forma pauperis motion. Nor
has he moved for additional time in which to do so.
Therefore, pursuant to Federal Rule of Civil Procedure 41(b), the Court hereby
DISMISSES this action without prejudice for failure to comply with an order of this Court and
failure to prosecute this case. See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997);
Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994).
Plaintiff’s obligation to pay the filing fee for this action was incurred at the time the
action was filed. So the filing fee of $350 remains due and payable. See 28 U.S.C. § 1915(b)(1);
Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). All pending motions are DENIED as moot.

The Clerk’s Office shall close this case.
IT IS SO ORDERED.
DATED October 6, 2011.
s/ MICHAEL J. REAGAN
Michael J. Reagan
United States District Judge

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