Thomas et al v. Zion Lutheran School et al

Filing 13

MEMORANDUM AND ORDER DISMISSING CASE without prejudice for failure to prosecute; Denying as Moot all pending motions (Docs. 3, 4 & 5). Clerk of Court to close this case. Signed by Judge J. Phil Gilbert on 2/20/13. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ALBERT THOMAS and ATG, a minor,
Plaintiff,
v.

Case No. 12-cv-1256-JPG-DGW

ZION LUTHERAN SCHOOL, DAVID
KNIEPKAMP, ZION LUTHERAN CHURCH,
GARY BYERS, RICK GOVE, TERRY MARINO,
CATHY RUDOLT and HELEN MYERS,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. On December 14, 2012,
the Court struck plaintiff Albert Thomas’ complaint for failure to comply with Federal Rule of Civil
Procedure 8(a) and allowed him additional time to file an amended complaint of twenty pages or less
that complied with the rule (Doc. 6). The Court warned Thomas that if he failed to file an amended
complaint that complied with Rule 8(a), it might dismiss this case without prejudice for failure to
prosecute pursuant to Federal Rule of Civil Procedure 41(b). In light of some problems reaching
Thomas by regular mail, on January 29, 2013, the Court resent the December 14, 2013, order to
Thomas and extended his deadline to file an amended complaint to February 15, 2013 (Doc. 12).
Thomas did not file an amended complaint by the February 15, 2013, deadline. Accordingly, as it
warned it might, the Court DISMISSES this action without prejudice pursuant to Rule 41(b) for
failure to prosecute and DIRECTS the Clerk of Court to close this case. All pending motions (Docs.
3, 4 & 5) are DENIED as moot.
IT IS SO ORDERED.
DATED: February 20, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE