Young v. United States

Filing 4

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). Signed by Judge J. Phil Gilbert on 5/16/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TIMOTHY DOYLE YOUNG,
No. 60012-001,
Plaintiff,
vs.
UNITED STATES,
Defendant.

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Case No. 14-cv-00219-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On February 18, 2014, Plaintiff Young, an inmate in the custody of the Bureau of
Prisons, housed at USP-Florence, filed a civil rights complaint (Doc. 1). By Order dated March
18, 2014, the Court concluded that the complaint, as drafted, failed to state a colorable claim
(Doc. 3).
Plaintiff was directed to file a complaint by April 8, 2014 (Doc. 3). 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). 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: May 16, 2014
s/ J. Phil Gilbert
UNITED STATES DISTRICT JUDGE

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