Williams v. Martin et al

Filing 7

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 Michael J. Reagan on 5/14/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LEONARD WILLIAMS,
No. R05138,
Plaintiff,
vs.
DR. PHIL MARTIN,
J. FENOGLIO,
S. GODINEZ,
CINDY ANDERSON,
TERRI ANDERSON,
STATE OF ILLINOIS,
WEXFIRD HEALTH SERVICES, and
NURSE HARDY,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 14-cv-00105-MJR

MEMORANDUM AND ORDER
REAGAN, District Judge:
On January 30, 2014, Plaintiff Williams, an inmate in the custody of the Illinois
Department of Corrections, housed at Lawrence Correctional Center, filed a civil rights
complaint pursuant to 42 U.S.C. § 1983 (Doc. 1). By Order datedMarch 4, 2014, 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 April 3, 2014 (Doc. 6). 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).

Page 1 of 2

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).
IT IS SO ORDERED.
DATED: May 14, 2014
s/ Michael J. Reagan
MICHAEL J. REAGAN
UNITED STATES DISTRICT JUDGE

Page 2 of 2