Crowe v. Third Judicial Curcuit Court

Filing 8

ORDER DISMISSING CASE with prejudice for failure to state a claim upon which relief may be granted and for failure to comply with an order of this Court. This dismissal shall count as one of Plaintiff's three allotted strikes within the meaning of 28 U.S.C. § 1915(g). Signed by Chief Judge Michael J. Reagan on 6/20/2016. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAVID A. CROWE,
Plaintiff,
vs.
THIRD JUDICIAL CIRCUIT COURT,
Defendant.

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Case No. 16-cv-045-MJR

MEMORANDUM AND ORDER
REAGAN, Chief District Judge:
On January 14, 2016, Plaintiff filed a complaint (Doc. 1) pursuant to 42 U.S.C. §
1983.

In the complaint, Plaintiff sued Defendant because Defendant denied him

compassionate release to attend his mother’s funeral. (Doc. 1). The complaint did not
survive threshold review under 28 U.S.C. § 1915A; Plaintiff attempted to bring his
claims pursuant to the FTCA, and the Court found that because Plaintiff was
attempting to sue state officials, the FTCA did not apply.

(Doc. 7).

Accordingly,

the Court dismissed the complaint on February 12, 2016. (Doc. 7). The order specifically
directed Plaintiff to file an amended complaint no later than March 7, 2016. (Doc. 8).
The deadline has now passed. Plaintiff has not filed an amended complaint. He has
also failed to request an extension of the deadline for doing so.
As a result, this case is DISMISSED with prejudice for failure to state a claim
upon which relief may be granted and for failure to comply with an order of this Court.
FED. R. CIV. P. 41(b); see generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997);
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Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). This dismissal shall count as one of
Plaintiff’s three allotted “strikes” within the meaning of 28 U.S.C. § 1915(g).
If Plaintiff wishes to appeal this Order, he may file a notice of appeal with this
Court within thirty days of the entry of judgment. FED. R. APP. 4(A)(4). 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. 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. Jockish, 133 F.3d 464, 467 (7th Cir. 1998). If the appeal is found to be nonmeritorious, Plaintiff may also incur another “strike.” A timely motion filed pursuant
to Federal Rule of Civil Procedure 59(e) may toll the 30-day appeal deadline. 1 FED. R.
APP. 4(a)(4).
The Clerk’s Office is DIRECTED to close this case and enter judgment
accordingly.
IT IS SO ORDERED.
DATED: June 20, 2016
s/ MICHAEL J. REAGAN
United States District Judge

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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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