Cordrey v. Atchison et al

Filing 13

ORDER DISMISSING CASE without prejudice, for failure to comply with an Order of this Court. Signed by Judge J. Phil Gilbert on 4/25/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHNNY R. CORDREY, N81774
Plaintiff,
vs.
MICHAEL P. ATCHISON, et al
Defendants.

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CIVIL NO. 13-cv-0104-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On February 28, 2013, Plaintiff was ordered to pay the full filing fee of $350.00 for this
action no later than March 21, 2013 (Doc. 8). On April 4, 2013, Plaintiff was given an extension
of time to pay the filing fee by April 11, 2013 (Doc. 12). Plaintiff was clearly warned in both of
those Orders that failure to pay the full filing fee of $350.00 would result in dismissal of this
case. The date to pay the full filing fee 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). This dismissal shall NOT count as one of
Plaintiff’s three allotted “strikes” under 28 U.S.C. § 1915(g). 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). The Clerk’s Office is DIRECTED to close this case.
IT IS SO ORDERED.
DATED: April 25, 2013

s/J. Phil Gilbert
United States District Judge