Barnes v. Colson et al

Filing 14

ORDER DISMISSING CASE without prejudice, Denying as moot 3 MOTION by Plaintiff Kevin Barnes for leave to proceed in forma pauperis filed by Kevin Barnes, 4 MOTION by Plaintiff Kevin Barnes to appoint counsel filed by Kevin Barnes. Signed by Judge Michael J. Reagan on 2/14/2012. (tjk)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS KEVIN BARNES, Inmate #M17905, Plaintiff, vs. BILLY J. COLSON, GERMAN TANNER, and PAM PEASE, Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 11-cv-0815-MJR MEMORANDUM AND ORDER DISMISSING CASE REAGAN, District Judge: On January 11, 2012, Plaintiff was ordered to provide the Court with his current address no later than February 8, 2012 (Doc. 12). Plaintiff clearly was warned in that Order that failure to do so could result in dismissal of this case. The Notice of Impending Dismissal was mailed to Plaintiff at the address on file with the Clerk’s Office in this action – c/o Tamms Correctional Center, 8500 Supermax Road, Tamms, Illinois, 62988. On January 24, 2012, the Order was returned to this Court as undeliverable. The date to notify this Court of Plaintiff’s change of address has passed, and Plaintiff has failed to do so. As a result, this action is DISMISSED without prejudice, for failure to comply with an Order of this Court. FED. R. CIV. P. 41(b). 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, thus 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 1 (7th Cir. 1998). All pending motions are DENIED as moot. The Clerk’s Office is DIRECTED to close this case. IT IS SO ORDERED. DATED February 14, 2012. s/ MICHAEL J. REAGAN Michael J. Reagan United States District Judge 2

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