Engram-Bey v. Catt et al

Filing 12

ORDER DISMISSING CASE with prejudice. Furthermore, because Plaintiff has failed to state a claim upon which has been granted, he will be allotted a STRIKE under the provisions of 28 U.S.C. § 1915(g). Signed by Judge J. Phil Gilbert on 12/3/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RONALD ENGRAM-BEY,
No. B09354,
Plaintiff,
vs.
ANGELA CATT,
DANA TYLKA,
JANE DOE, and
JANE DOE,
Defendants.

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Case No. 14-cv-00904-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On August 18, 2014, Plaintiff Ronald Engram-Bey, an inmate in Jacksonville
Correctional Center, filed this action for deprivations of his constitutional rights pursuant to 42
U.S.C. § 1983. By order dated September 11, 2014, the complaint was dismissed without
prejudice, and Plaintiff was given a window of opportunity to file an amended complaint (Doc.
8). Plaintiff was forewarned that failure to file a proper complaint by the prescribed deadline
would result in the dismissal of this action with prejudice, that such a dismissal would count as
one of his allotted “strikes” under the provisions of 28 U.S.C. § 1915(g), and that he 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).
Despite receiving an extension of time (see Doc. 11), Plaintiff has not filed an amended
complaint and the deadline for doing so has passed. It appears that Plaintiff has abandoned this
action.
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IT IS THEREFORE ORDERED this action is DISMISSED with prejudice.
Furthermore, because Plaintiff has failed to state a claim upon which has been granted, he 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: December 3, 2014
s/J. Phil Gilbert
United States District Judge

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