Burke v Godinez et al

Filing 7

ORDER DISMISSING CASE without prejudice, for failure to comply with an Order of this Court. Signed by Judge G. Patrick Murphy on 9/13/2013. (tjk)

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

CALVIN BURKE,
a/k/a JIHAD ABDUL-LATEEF,
Plaintiff,
vs.
SALVADORE GODINEZ, et al
Defendants.

)
)
)
)
)
)
)
)
)
)
)

CIVIL NO. 13-cv-711-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge:
On August 14, 2013, Plaintiff was ordered to pay the full filing fee of $400.00 for this
action no later than September 4, 2013 (Doc. 6). Plaintiff was clearly warned in that Order that
failure to pay the full filing fee of $400.00 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 $400 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: September 13, 2013
s/ G. Patrick Murphy
G. PATRICK MURPHY
United States District Judge