Claypool v. Warden of Marion Penitentiary

Filing 23

ORDER dismissing case with prejudice for failure to prosecute. The Clerk of Court shall enter judgment in favor of respondent. Signed by Magistrate Judge Clifford J. Proud on 4/11/2016. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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EDOUARD CLAYPOOL,
Petitioner,
vs.

WARDEN of MARION PENITENTIARY,
Respondent.

Civil No. 14-cv-686-CJP 1

MEMORANDUM and ORDER
PROUD, Magistrate Judge:
Petitioner Edouard Claypool was an inmate in the BOP at the time he filed
his petition for habeas relief pursuant to 28 U.S.C. §2241. However, mail recently
sent to petitioner has been returned as undeliverable. See, Doc. 22.
According to the BOP’s website, petitioner was released from BOP custody
on February 26, 2016. 2
In its order on preliminary review, the Court warned Claypool of the
consequences of failure to keep the Court informed of his whereabouts:
Petitioner is ADVISED of his continuing obligation to keep the Clerk (and
each opposing party) informed of any change in his whereabouts during the
pendency of this action. This notification shall be done in writing and not
later than seven (7) days after a transfer or other change in address occurs.
Failure to provide such notice may result in dismissal of this action. See
FED. R. CIV. P. 41(b).
Doc. 7, pp. 2-3.
Clearly, petitioner has not kept the Court informed of his whereabouts.
This case was assigned to the undersigned for final disposition upon consent of the parties
pursuant to 28 U.S.C. §636(c). See, Doc. 14.

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http://www.bop.gov/Locate/, visited on April 11, 2016.

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This Court gave petitioner the “warning shot” required by Ball v. City of Chicago,
2 F.3d 752, 755 (7th Cir. 1993) in Doc. 5.

Pursuant to Johnson v. Chicago

Board of Education, 718 F. 3d 731 (7th Cir. 2013), the Court has considered
whether a sanction short of dismissal of this case might be fruitful, and finds that
it would not.
Conclusion
This cause of action is DISMISSED WITH PREJUDICE.

The Clerk of

Court shall enter judgment in favor of respondent.
IT IS SO ORDERED.
DATE: April 11, 2016

s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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