Malone v. Davis et al

Filing 25

MEMORANDUM AND ORDER,The Court DISMISSES this case without prejudice for failure to comply with 28 U.S.C. § 1915(b)(1) and DIRECTS the Clerk of Court to close this case. Signed by Judge J. Phil Gilbert on 1/21/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIAM A. MALONE,
Plaintiff,
v.

Case No. 13-cv-126-JPG-PMF

RANDY DAVIS and C/O WHITEHEAD,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. On July 1, 2013,
Magistrate Judge Philip M. Frazier ordered plaintiff William A. Malone to pay on or before
September 5, 2013, the $82.27 initial partial filing fee assessed at the outset of this case or to
demonstrate that he has no assets and no means to pay that sum (Doc. 16). On August 13, 2013,
Malone paid $1.22 toward that fee. On November 14, 2013, the Court extended that deadline to
December 6, 2013, and warned Malone that if he did not pay the entire balance of the fee by then,
the Court would dismiss this case without prejudice for failure to comply with 28 U.S.C.
§ 1915(b)(1). As of today, Malone has paid a total of $1.22 toward the initial partial filing fee in
this case. Accordingly, as it warned it would, the Court DISMISSES this case without
prejudice for failure to comply with 28 U.S.C. § 1915(b)(1) and DIRECTS the Clerk of Court to
close this case.
IT IS SO ORDERED.
DATED: January 21, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE