Smith v. Quinn et al

Filing 3

ORDER DISMISSING CASE WITHOUTPREJUDICE. Any motion to reopen this matter, or any new complaint Plaintiff may file, mustbe accompanied by either full prepayment of the filing fee, or a motion to proceed IFP together with a complete inmate trust fund account statement for the previous six months, certified by the institutions Trust Fund Officer. Signed by Judge J. Phil Gilbert on 2/11/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
REGINALD SMITH, # N-83733,
a/k/a SHAHID MONTANA, JR.,
Plaintiff,
vs.
PAT QUINN, DONALD GATZE,
S.A. GODINEZ, DAVID REDNOUR,
MR. HARRINGTON,
SGT. HANSCOMEYER, SGT. SNYDER,
and MR. GERBAL,
Defendants.

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Case No. 12-cv-1270-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
This matter comes before the Court for case management. Plaintiff is currently
incarcerated at Pontiac Correctional Center (“Pontiac”) and has brought this pro se civil rights
action pursuant to 42 U.S.C. § 1983, based on an incident that occurred while he was confined at
Menard Correctional Center (“Menard”). Plaintiff’s complaint was filed on December 17, 2012,
without payment of the $350.00 filing fee. Nor did Plaintiff file a motion for leave to proceed in
forma pauperis (“IFP”). The Clerk of Court advised him by letter dated December 17, 2012, that
if he did not either pay the fee or file a motion for leave to proceed IFP within 30 days, this case
would be dismissed (Doc. 2). A blank form motion to proceed IFP was mailed to him along with
the letter. Plaintiff’s 30-day deadline was up on January 16, 2013, and to date he has neither
paid the filing fee nor filed a motion to proceed IFP in this matter.
IT IS THEREFORE ORDERED that this action is DISMISSED WITHOUT
PREJUDICE. Any motion to reopen this matter, or any new complaint Plaintiff may file, must
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be accompanied by either full prepayment of the filing fee, or a motion to proceed IFP together
with a complete inmate trust fund account statement for the previous six months, certified by the
institution’s Trust Fund Officer.
Further, 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 $350.00 remains due and payable. This obligation
continues regardless of later developments in the suit, such as dismissal of the action or denial of
leave to proceed IFP. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467-68 (7th
Cir. 1998); Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997).
IT IS SO ORDERED.
DATED: February 11, 2013

s/J. Phil Gilbert
United States District Judge

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