Reeves v. Henderson et al

Filing 4

ORDER : No later than December 9, 2014, Plaintiff SHALL either pay the $400.001 filing fee in full, or submit a properly completed motion for leave to proceed IFP. (Action due by 12/9/2014). Signed by Judge J. Phil Gilbert on 11/25/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHAEL REEVES, # B-82558,
Plaintiff,
vs.
DR. HENDERSON,
DR. NEWBOLD,
and MELISSA J. PHOENIX,
Defendants.

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Case No. 14-cv-1092-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
This matter is before the Court for case management. On October 9, 2014 (Doc. 2), this
case was severed from Reeves v. Harrington, et al., Case No. 13-cv-1171-JPG-PMF, after the
Court completed the merits review of Plaintiff’s amended complaint (Doc. 1; Doc. 78 in Case
No. 13-1171). The amended complaint was filed in Plaintiff’s original case on April 8, 2014.
The severed claim was designated as “Count 3” of the amended complaint, and charged that the
above Defendants were deliberately indifferent to Plaintiff’s serious medical needs when they
failed to administer dental treatment to him.
In the severance order (Doc. 2; Doc. 99 in Case No. 13-1171), Plaintiff was instructed
that if he did not wish to proceed with this newly-opened case, he must notify the Court within
30 days. He was also warned that if he did not so notify the Court, he would be responsible for a
separate filing fee in this new case. When the Clerk opened this severed case, a letter was sent to
Plaintiff (Doc. 3) instructing him to either pay the $400.00 filing fee for this case or file a motion
for leave to proceed in forma pauperis (“IFP”), also within 30 days.

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Both 30-day deadlines were up as of November 10, 2014. Plaintiff has not notified the
Court that he wishes to withdraw his severed claim, nor has he paid the filing fee or sought leave
to proceed IFP. Because he has failed to voluntarily dismiss this matter within the prescribed
deadline, Plaintiff has now incurred the obligation to pay the filing fee for this action, whether he
proceeds with it or not. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th
Cir. 1998). Moreover, as he has not complied with the Clerk’s directive to take action regarding
his filing fee obligation, this matter is subject to dismissal for failure to prosecute. See FED. R.
CIV. P. 41(b).
Out of an abundance of caution, the Court shall give Plaintiff one final chance to take the
required steps to prosecute this case. No later than December 9, 2014, Plaintiff SHALL either
pay the $400.001 filing fee in full, or submit a properly completed motion for leave to proceed
IFP. The motion for leave to proceed IFP must be accompanied by Plaintiff’s inmate trust fund
statement showing his account activity for the six months prior to the filing of his amended
complaint (October 8, 2013, through April 8, 2014), and the enclosed certification form
completed by the Trust Fund Officer at Menard Correctional Center.
If Plaintiff fails to comply with this order, this case shall be dismissed for failure to
prosecute pursuant to Rule 41(b). A dismissal for failure to prosecute is ordinarily a dismissal
with prejudice. Lucien v. Breweur, 9 F.3d 26, 29 (7th Cir. 1993). Further, if the case is
dismissed, an order shall be entered to deduct the filing fee from Plaintiff’s inmate trust account
pursuant to 28 U.S.C. § 1915(b).
The Clerk is DIRECTED to send Plaintiff another blank form motion for leave to

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If Plaintiff applies for and is granted leave to proceed IFP, his filing fee shall be $350.00. Litigants
proceeding IFP are not assessed the $50.00 administrative fee that applies to non-indigent plaintiffs. See
Judical Conference Schedule of Fees - District Court Miscellaneous Fee Schedule, 28 U.S.C. § 1914, No.
14.
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proceed IFP, including the certification form to be completed by the prison Trust Fund Officer.
IT IS SO ORDERED.
DATED: November 25, 2014
s/J. Phil Gilbert
United States District Judge

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