Grant v. Director I.D.O.C.

Filing 5

ORDER DISMISSING CASE WITH PREJUDICE and this case is CLOSED. Plaintiff is ADVISED that this dismissal shall count as one of his allotted strikes under the provisions of 28 U.S.C. § 1915(g). Signed by Chief Judge Michael J. Reagan on 7/1/2015. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EMMANUEL GRANT,
Plaintiff,
vs.
IDOC DIRECTOR,
Defendant.

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Case No. 15-cv-00428-MJR

MEMORANDUM AND ORDER
REAGAN, Chief District Judge:
On April 17, 2015, Plaintiff Emmanuel Grant, proceeding pro se, filed a civil complaint
in this Court. (Doc. 1). In an Order dated May 11, 2015, the Court held that Plaintiff’s
complaint, as drafted, failed to state a claim and should be dismissed. (Doc. 4). However, the
Court granted Plaintiff leave to file an amended complaint, in order to cure the defects noted in
the Order. The Court instructed Plaintiff that if he wished to exercise this option he should file
an amended complaint in accordance with the Court’s instructions within thirty-five (35) days of
the Court’s Order dismissing the case (on or before June 15, 2015). Thirty-five (35) days have
since passed. The Plaintiff has not filed an amended complaint.
As a result, the present case is DISMISSED WITH PREJUDICE and this case is
CLOSED. Plaintiff is ADVISED that this dismissal shall count as one of his allotted “strikes”
under the provisions of 28 U.S.C. § 1915(g). Furthermore, Plaintiff’s obligation to pay the filing
fee for this action was incurred at the time the action was filed, thus the filing fee of $350

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remains due and payable. 1 See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467
(7th Cir. 1998).
If Plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this Court
within thirty days of the entry of judgment. FED. R. APP. P. 4(a)(1)(A). A motion for leave to
appeal in forma pauperis should set forth the issues Plaintiff plans to present on appeal. See
FED. R. APP. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable for the $505.00
appellate filing fee irrespective of the outcome of the appeal. See FED. R. APP. P. 3(e); 28 U.S.C.
§ 1915(e)(2); Ammons v. Gerlinger, 547 F.3d 724, 725-26 (7th Cir. 2008); Sloan v. Lesza, 181
F.3d 857, 858-59 (7th Cir. 1999); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). A
timely motion filed pursuant to Federal Rule of Civil Procedure 59(e) 2 may toll the 30-day
appeal deadline. FED. R. APP. P. 4(a)(4).
The Clerk shall CLOSE THIS CASE and enter judgment accordingly.
IT IS SO ORDERED.
DATED: July 1, 2015
s/ MICHAEL J. REAGAN
CHIEF JUDGE
UNITED STATES DISTRICT COURT

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Plaintiff’s motion for IFP (Doc. 2) will be addressed in a separate order.
A Rule 59(e) motion to alter or amend a judgment must be filed no later than 28 days after the entry of the
judgment. Fed. R. Civ. P. 59(e).

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