Roccisano v. Unknown Party et al

Filing 3

ORDER DISMISSING CASE without prejudice. This dismissal shall NOT count as one of Plaintiff's three allotted "strikes" under 28 U.S.C. § 1915(g). Signed by Judge Michael J. Reagan on 8/27/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
VINCENZO ROCCISANO, #18544-054
Plaintiff,
vs.
UNKNOWN PARTY
and BARACK OBAMA,
Defendants.

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CIVIL NO. 13-cv-0715-MJR

MEMORANDUM AND ORDER
REAGAN, District Judge:
Plaintiff Vincenzo Roccisano filed a complaint pursuant to 28 U.S.C. § 1983 on
July 19, 2013 (Doc. 1). On the same date, Plaintiff was ordered to pay the full filing fee of
$400.00 for this action or file a motion for leave to proceed in forma pauperis (“IFP”) within
thirty days (Doc. 2). Plaintiff was clearly warned that failure to pay the full filing fee or to file
an IFP motion before August 19, 2013, would result in dismissal of this case (Id.). The date to
pay the full filing fee or to file an IFP motion has passed. Plaintiff has failed to take any action.
As a result, this action is DISMISSED without prejudice for failure to prosecute
this action. 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, so the filing fee of
$400.00 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.
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IT IS SO ORDERED.
DATED: August 27, 2013
s/ MICHAEL J. REAGAN
United States District Judge

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