Ware v. Harrington et al

Filing 8

ORDER DISMISSING CASE with prejudice for failure to comply with a court order and failure to prosecute this federal action, but without prejudice to any claim Plaintiff may pursue in state court. No strike will be under the provisions of 28 U.S.C. § 1915(g). Signed by Judge J. Phil Gilbert on 6/30/2015. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BOBBY WARE,
No. A92146,

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Plaintiff,
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vs.
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WARDEN RICHARD HARRINGTON,
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WARDEN KIMBERLY BUTLER,
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JOHN/JANE DOE, Business Administrator, )
LYNETTE CLOVIS,
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S.A. GODINEZ, and
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RICHARD D. PAUTLER,
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Defendants.
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Case No. 15-cv-00521-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On May 7, 2015, Plaintiff Bobby Ware, an inmate in the custody of the Illinois
Department of Corrections, housed at Menard Correctional Center, filed a civil rights complaint
pursuant to 42 U.S.C. § 1983 (Doc. 1). By Order dated June 1, the Court concluded that the
complaint, as drafted, failed to state a colorable constitutional claim, although a colorable claim
appeared available in the Illinois Court of Claims (Doc. 6).
Plaintiff was directed to file a complaint by June 22, 2015 (Doc. 6). He was forewarned
that failure to file a proper complaint by the prescribed deadline would result in the dismissal of
this action
Plaintiff has not filed a complaint and the deadline for doing so has passed. It appears
that Plaintiff has abandoned this action.
IT IS THEREFORE ORDERED that pursuant to Federal Rule of Civil Procedure
41(b), this Section 1983 action is DISMISSED with prejudice for failure to comply with a court
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order and failure to prosecute this federal action, but without prejudice to any claim Plaintiff may
pursue in state court. No strike will be 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: June 30, 2015
s/J. Phil Gilbert
United States District Judge

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