Norfleet v. IDOC et al

Filing 236

ORDER granting 231 Motion to Dismiss for Lack of Prosecution. Pursuant to Federal Rule of Civil Procedure 41(b), the Court dismisses with prejudice this matter for failure to prosecute and failure to follow Court orders. The Court DIRECTS the Clerk of the Court to enter judgment. Signed by Magistrate Judge Gilbert C. Sison on 7/29/2020. (klh)

Case 3:15-cv-01279-GCS Document 236 Filed 07/29/20 Page 1 of 2 Page ID #1600

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

MARC NORFLEET
Plaintiff,
vs.
ILLINOIS DEPARTMENT OF
CORRECTIONS, et al.,

)
)
)
)
)
)
)
)
)

Case No. 3:15-cv-01279-GCS

Defendants.
MEMORANDUM & ORDER
SISON, Magistrate Judge:
On May 22, 2020, Defendants filed a motion to dismiss for want of prosecution.
(Doc. 231). On June 26, 2020, the Court entered an Order regarding Plaintiff’s failure to
respond to the motion to dismiss and failure to follow Court orders. (Doc. 232). In this
Order, the Court recognized that Plaintiff was subject to a filing restriction prohibiting
him from filing papers in any court in this Circuit until he paid all outstanding fees and
sanctions owed in his civil actions. (Doc. 232)(citing Norfleet v. Baldwin, App. No. 19-1337
(7th Cir. Apr. 9, 2019) (Doc. 9)). The Court reminded Plaintiff of this filing restriction and
extended him additional time to respond to the motion to dismiss and to file a motion for
class certification if he first complied with the Seventh Circuit’s Order. Plaintiff was
warned that the action would be dismissed, if he failed to file and comply with the
Seventh Circuit’s Order according to the deadline and instructions in the Order. Id. (citing

Page 1 of 2

Case 3:15-cv-01279-GCS Document 236 Filed 07/29/20 Page 2 of 2 Page ID #1601

FED. R. CIV. PROC. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v.
Kamminga, 34 F.3d 466 (7th Cir. 1994)).
Prior to the deadline, Plaintiff attempted to file a response to the motion dismiss
and a motion for class certification. (Doc. 233). At the time, he remained subject to the
Seventh Circuit’s filing restriction. The Court therefore entered an order striking the
response and the motion for class certification directing the Clerk to return it to Plaintiff.
(Doc. 234). Shortly thereafter, Plaintiff attempted to file another motion for class
certification which the Court returned with a copy of the Seventh Circuit’s April 9, 2019
Order regarding the filing restriction to Norfleet. (Doc. 235). The deadline for filing a
response to the motion to dismiss and for filing a motion for class certification expired on
July 27, 2020. The Court will not allow this matter to linger indefinitely.
Accordingly, the Court GRANTS Defendants’ motion to dismiss for want of
prosecution. (Doc. 231). Pursuant to Federal Rule of Civil Procedure 41(b), the Court
DISMISSES with prejudice this action for failure to prosecute and for failure to follow
Court orders. The Court DIRECTS the Clerk of the Court to enter judgment reflecting
the same.
IT IS SO ORDERED.

Digitally signed
by Judge Sison
Date:
2020.07.29
09:52:32 -05'00'

Dated: July 29, 2020.

____________________________
GILBERT C. SISON
United States Magistrate Judge

Page 2 of 2