Charles v. Cross

Filing 22

ORDER DISMISSING CASE: The Court DISMISSES with prejudice petitioner's 1 § 2241 habeas petition. The Clerk shall enter judgment accordingly. Signed by Judge David R. Herndon on 10/4/16. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DOUG E. CHARLES,
Petitioner,
vs.

Civil No. 15-cv-777-DRH-CJP

JAMES N. CROSS,
Respondent.
MEMORANDUM and ORDER
HERNDON, District Judge:
Petitioner Doug E. Charles was an inmate in the BOP at the time he filed his
petition for habeas relief pursuant to 28 U.S.C. §2241.

Respondent recently

notified the Court that petitioner was released from BOP custody in June 2016.
See, Doc. 15.
Petitioner has not notified the Court of release from the BOP or of his new
address.
In its order on preliminary review, the Court warned petitioner of the
consequences of failure to keep the Court informed of his whereabouts:
Petitioner is ADVISED of his continuing obligation to keep the Clerk (and
each opposing party) informed of any change in his whereabouts during the
pendency of this action. This notification shall be done in writing and not
later than seven days after a transfer or other change in address occurs.
Failure to provide such notice may result in dismissal of this action. See
FED. R. CIV. P. 41(b).
Doc. 3, pp. 5-6.
In addition, a recent Notice of Impending Dismissal, Doc. 20, imparted the

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same warning. The Notice ordered petitioner to notify the Court of his current
address by October 3, 2016, or face dismissal of this action.
Clearly, petitioner has not kept the Court informed of his whereabouts and
has failed to follow the Court’s order.
This Court gave petitioner the “warning shot” required by Ball v. City of

Chicago, 2 F.3d 752, 755 (7th Cir. 1993) in Docs. 3 & 20. Petitioner has failed to
diligently pursue this case. Pursuant to Johnson v. Chicago Board of Education,
718 F. 3d 731 (7th Cir. 2013), the Court has considered whether a sanction short
of dismissal of this case might be fruitful, and finds that it would not.
Conclusion
This cause of action is DISMISSED WITH PREJUDICE.

The Clerk of

Court shall enter judgment in favor of respondent.
IT IS SO ORDERED.
Signed this 4th day of October, 2016.

Digitally signed by
Judge David R. Herndon
Date: 2016.10.04
15:56:28 -05'00'
United States District Judge

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