Ivy v. Watson et al

Filing 10

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 5/16/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
HAROLD IVY,
Plaintiff,
vs.
RICHARD WATSON,
OFFICER HUMPHREY,
OFFICER BEATTIE, and
OFFICER WAGNER,
Defendants.

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Case No. 14-cv-00091-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On January 27, 2014, Plaintiff Ivy, an inmate at the St. Clair County Jail, filed a civil
rights complaint pursuant to 42 U.S.C. § 1983 (Doc. 1). By Order dated February 18, 2014, the
Court concluded that the complaint, as drafted, failed to state a colorable constitutional claim
(Doc. 7).
Plaintiff was directed to file a complaint by March 20, 2014 (Doc. 7). He was
forewarned that failure to file a proper complaint by the prescribed deadline would result in the
dismissal of this action, 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.
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
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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).
IT IS SO ORDERED.
DATED: May 16, 2014
s/ J. Phil Gilbert
U.S. District Judge

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