Monroe v. Illinois Department of Corrections et al

Filing 13

ORDER DISMISSING CASE with prejudice for failure to state a claim upon which relief may be granted. See 28 U.S.C. 1915A(b)(1). This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g). Signed by Judge Nancy J. Rosenstengel on 11/17/2015. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANDREW MONROE, # M-28372
Plaintiff,
vs.
ILLINOIS DEPARTMENT
OF CORRECTIONS,
LAWRENCE CORRECTIONAL
CENTER,
STEVE DUNCAN,
COUNSELOR RAY,
JOHN DOE #1, and
John Doe #2,
Defendants.

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CIVIL NO. 3:15-cv-00961-NJR

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
On July 26, 2011, this Court dismissed Plaintiff’s complaint for failure to state a claim
upon which relief may be granted. (Doc. 10.) Plaintiff was ordered to submit an amended
complaint no later than October 26, 2015, if he wished to further pursue his claims. He was also
warned that if he failed to timely submit an amended complaint, this action would be dismissed
with prejudice, and the dismissal would count as a “strike” under 28 U.S.C. § 1915(g). Plaintiff’s
deadline has now passed, and he has not submitted any amended pleading.
IT IS THEREFORE ORDERED that this case is DISMISSED with prejudice for
failure to state a claim upon which relief may be granted. See 28 U.S.C. 1915A(b)(1). This
dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g).
If Plaintiff wishes to appeal the dismissal of this case, 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

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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). Moreover, if the appeal is found to be nonmeritorious, Plaintiff may incur another
“strike.” A timely motion filed pursuant to Federal Rule of Civil Procedure 59(e) may toll the
30-day appeal deadline. FED. R. APP. P. 4(a)(4).
The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: November 17, 2015

__________________________
NANCY J. ROSENSTENGEL
United States District Judge

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