Duncan v. United States of America

Filing 7

ORDER DISMISSING CASE without prejudice, for failure to comply with an Order of this Court. Signed by Chief Judge David R. Herndon on 4/22/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ERICA J. DUNCAN, 17235-045,
Petitioner,
vs.

Case No. 13-cv-164-DRH

UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM AND ORDER
HERNDON, Chief District Judge:
On March 12, 2013, petitioner was ordered to file an amended petition no
later than April 2, 2013 (Doc. 6). The Court Order and a blank form petition for
a writ of habeas corpus under 28 U.S.C. § 2241 was mailed to petitioner the next
day, March 13, 2013.

Petitioner was clearly warned that failure to file an

amended petition would result in dismissal of this case.

The date to file an

amended petition has passed, and petitioner 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). The
Clerk’s Office is DIRECTED to close this case.
IT IS SO ORDERED.
Signed this 22nd day of April, 2013.

Digitally signed by
David R. Herndon
Date: 2013.04.22
10:35:14 -05'00'
Chief Judge
United States District Court