Spivey v. Horner

Filing 16

ORDER DISMISSING CASE without prejudice, for failure to comply with an Order of this Court. Signed by Judge G. Patrick Murphy on 5/1/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

WILLIAM OWEN SPIVEY, K81482
Plaintiff,
vs.
HOWARD SCOTT HORNER,
Defendant.

)
)
)
)
)
)
)
)
)

CIVIL NO. 13-cv-0196-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge:
On April 2, 2013, Plaintiff was ordered to pay the full filing fee of $350.00 for this action
no later than April 23, 2013 (Doc. 15). Plaintiff was clearly warned in that Order 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). All pending motions
are DENIED as moot. The Clerk’s Office is DIRECTED to close this case.
IT IS SO ORDERED.
DATED: May 1, 2013

/s/ G. Patrick Murphy
G. PATRICK MURPHY
United States District Judge