Taylor v. Vienna Correctional Center et al

Filing 8

ORDER DISMISSING CASE with prejudice for failure to comply with a court order and failure to prosecute this action. Furthermore, 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 J. Phil Gilbert on 12/11/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SAMUEL R. TAYLOR, #R02895,
Plaintiff,
vs.
VIENNA CORRECTIONAL CENTER,
RANDY DAVIS,
MR. LOVE,
GLENN HOWARD,
BRETT CAMPBELL,
BRENDA SUITS,
RICK RIDGLEY, and
HAROLD BUCHEIMIER,
Defendants.

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Case No. 13-cv-00945-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On September 12, 2013, Plaintiff Samuel R. Taylor , an inmate in the custody of the
Illinois Department of Corrections, housed at Vienna Correctional Center, filed a civil rights
complaint pursuant to 42 U.S.C. § 1983 (Doc. 1). By Order dated October 16, 2013, the Court
concluded that the complaint, as drafted, failed to state a colorable constitutional claim (Doc. 6).
Plaintiff was directed to file a complaint by November 15, 2013 (Doc. 6). He was
forewarned that failure to file a proper complaint by the prescribed deadline would result in the
dismissal of this action, and that he 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).

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Plaintiff has not filed a complaint and the deadline for doing so has passed. It appears
that Plaintiff has abandoned this action.
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. Furthermore, 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 will be closed.
IT IS FURTHER ORDERED that Plaintiff remains 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). A separate order
shall enter regarding the collection of the fee (see Doc. 2).
IT IS SO ORDERED.
DATED: December 11, 2013
s/J. Phil Gilbert
UNITED STATES DISTRICT JUDGE

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