Spivey II v. Hudson et al

Filing 19

ORDER DISMISSING CASE without prejudice. 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. All pending motions are DENIED as moot. The Clerk is DIRECTED to close this case. Signed by Judge J. Phil Gilbert on 4/25/2012. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIAM OWEN SPIVEY II,
IDOC # K81482,
Plaintiff,
vs.
C. PHELPS, et al.,
Defendants.

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CIVIL NO. 12-134-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
This action came before the Court on Plaintiff’s motion to proceed in forma pauperis (Doc.
3). On March 29, 2012, Plaintiff was ordered to pay the $350.00 filing fee in this case not later than
April 19, 2012 (Doc. 17). This date has since passed and Plaintiff has not tendered the filing fee
in full to this Court. As a result, IT IS HEREBY ORDERED AND ADJUDGED that 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 (7th Cir. 1998). All pending motions are
DENIED as moot. The Clerk is DIRECTED to close this case.

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IT IS SO ORDERED.
DATED: April 25, 2012

s/J. Phil Gilbert
United States District Judge

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