Byrd v. Shicker et al

Filing 16

ORDER DISMISSING CASE with prejudice for failure to comply with a court order and failure to prosecute this action. This action is deemed frivolous for purposes of Section 1915(g); therefore Plaintiff will be allotted a STRIKE under the provisions of 28 U.S.C. § 1915(g). Signed by Judge G. Patrick Murphy on 11/21/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
THOMAS BYRD, # S09454,

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Plaintiff,
vs.
LOUIS SHICKER,
DR. SHAH,
ANGEL RECTOR, and
CHRISTIE BROWN,
Defendants.

Case No. 13-cv-00783-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge:
On August 1, 2013, Plaintiff Thomas Byrd, an inmate in the custody of the Illinois
Department of Corrections, housed at Pinckneyville Correctional Center, filed a civil rights
complaint pursuant to 42 U.S.C. § 1983 (Doc. 1). By Order dated August 30, 2013, the Court
concluded that the complaint, as drafted, failed to state a colorable constitutional claim (Doc.
13).
Plaintiff was directed to file an amended complaint by September 30, 2013 (Doc. 13). He
was forewarned that failure to file a proper complaint by the prescribed deadline would result in
the dismissal of this action for lack of subject matter jurisdiction, that such a dismissal would
count as one of his allotted “strikes” under the provisions of 28 U.S.C. § 1915(g), and that
Plaintiff would remain obligated to pay the filing fee. See 28 U.S.C. § 1915(b)(1); Lucien v.
Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
Plaintiff has not filed a complaint and the deadline for doing so has passed. It appears
that Plaintiff has abandoned this action.
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IT IS THEREFORE ORDERED that pursuant to Federal Rule of Civil Procedure
41(b), this action is DISMISSED with prejudice for failure to comply with a court order and
failure to prosecute this action. This action is deemed frivolous for purposes of Section 1915(g);
therefore Plaintiff will be allotted a STRIKE under the provisions of 28 U.S.C. § 1915(g).
Judgment shall enter accordingly and this case is closed.
IT IS FURTHER ORDERED that all pending motions (Docs. 2, 4, 12) are DENIED
AS MOOT.
IT IS SO ORDERED.
DATED: November 21, 2013
s/ G. Patrick Murphy
G. PATRICK MURPHY
United States District Judge

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