Montana v. Bank and Insurance Company et al

Filing 8

ORDER DISMISSING CASE without prejudice for failure to comply with an Order of the Court. This does not count as a strike. Signed by Judge J. Phil Gilbert on 9/13/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SHAHID AHMAD MONTANA, # N-83733, )
also known as FAMOUS REID,
)
also known as REGINALD SMITH,
)
)
Plaintiff,
)
)
vs.
)
)
BANK AND INS. CO., et al.,
)
)
Defendants.
)

Case No. 13-cv-00733-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On August 15, 2013, Plaintiff was ordered to pay the full filing fee of $350.00 for this
action no later than September 6, 2013 (Doc. 7). Plaintiff was clearly warned in this Order that
failure to pay the full filing fee of $350.00 would result in dismissal of the 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 $350.00 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.
IT IS SO ORDERED.
DATED: September 13, 2013
s/ J. Phil Gilbert
United States District Judge
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