Callahan v. Duncan et al

Filing 5

ORDER DISMISSING CASE with prejudice for failure to comply with a court order and failing to state a claim upon which relief may be granted. Accordingly, Plaintiff will be allotted a STRIKE under the provisions of 28 U.S.C. § 1915(g). Signed by Chief Judge Michael J. Reagan on 12/3/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RUSSELL W. CALLAHAN,
No. S12497,
Plaintiff,
vs.
WARDEN STEPHEN DUNCAN,
RANDY STEVENSON,
COUNSELOR WILLIAMS, and
RECORD OFFICE,
Defendants.

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Case No. 14-cv-01039-MJR

MEMORANDUM AND ORDER
REAGAN, Chief Judge:
On September 26, 2014, Plaintiff Callahan, an inmate in the custody of the Illinois
Department of Corrections, housed at Lawrence Correctional Center, filed a draft “Order to
Show Cause for an [sic] Preliminary Injunction” (Doc. 1). He contends that prison officials have
failed to give him 54 days of credit for time served, as the state’s judgment and commitment
order indicate (see Doc. 1, p. 3). By Order dated October 28, 2014, the pleading was stricken
and Plaintiff was given until November 14, 2014, to determine how he wanted to proceed and to
file an amended pleading (Doc. 4). He was forewarned that failure to file a pleading would
result in the dismissal of this action pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failing to state a
claim upon which relief could be granted.
Plaintiff has not filed a 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 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
failing to state a claim upon which relief may be granted. Accordingly, 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: December 3, 2014
s/ Michael J. Reagan
MICHAEL J. REAGAN
CHIEF JUDGE
UNITED STATES DISTRICT COURT

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