Carter v. Claudia et al

Filing 15

ORDER DISMISSING CASE with prejudice for failure to comply with a court order and failure to prosecute this action. Plaintiff will not be allotted a STRIKE under the provisions of 28 U.S.C. § 1915(g). Signed by Judge Michael J. Reagan on 3/17/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIAM DALE CARTER,
Plaintiff,
vs.
BRENDA CLAUDIA,
DION DIXON,
DARRYL JOHNSON,
JASON GARNETT,
STEVE BIBY,
DONALD GAETZ,
MARK SHAFER,
ALLYSA WILLIAMS-SCHAFER,
TRACY BUCKLEY,
ADAM MONREAL,
ALAN MARTIN,
S.A. GODINEZ,
MICHELLE BUSHER,
JONATHON BARNARD,
ANITA RODRIGUEZ,
QUINCY, ILLINOIS, and
HIEDI HILDEBRAND,
Defendants.

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Case No. 13-cv-01165-MJR

MEMORANDUM AND ORDER
REAGAN, District Judge:
Plaintiff William Dale Carter, a former Illinois Department of Corrections inmate,
brought this action, purportedly pursuant to 42 U.S.C. § 1983, but also for numerous
deprivations of his constitutional rights in connection with his being inappropriately labeled a
“sex offender” for purposes of parole considerations. On preliminary review, all claims were
dismissed, some with prejudice, others without prejudice; however, Plaintiff was given until
January 13, 2014, to file an amended complaint (Doc. 6).

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Rather than file an amended

complaint, on January 8, 2014, Carter filed an appeal (Doc. 7). On January 30, 2014, the Court
of Appeals for the Seventh Circuit dismissed the appeal.

Because Plaintiff was proceeding in

the appellate court, he was afforded a brief period of time within which to file an amended
complaint.
The deadline for amendment was February 27, 2014 (Doc. 14). Plaintiff was warned that
failure to file an amended complaint by the prescribed deadline would result in the entry of final
judgment and this case would be closed for want of prosecution in accordance with Federal Rule
of Civil Procedure 41(b) (Doc. 16). Plaintiff has failed to file an amended complaint.
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. Plaintiff will not 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 SO ORDERED.
DATED: March 17, 2014
s/ Michael J. Reagan
MICHAEL J. REAGAN
UNITED STATES DISTRICT JUDGE

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