Snyder Jr. v. Baker et al

Filing 7

ORDER DISMISSING CASE without prejudice for failure to comply with an order of this Court. Signed by Judge Staci M. Yandle on 8/29/2016. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

EARL E. SNYDER JR.,

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Plaintiff,
vs.
JOHN G. BAKER, et al.,
Defendants.

CIVIL NO. 16-cv-00114-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
On February 1, 2016, Plaintiff filed a Complaint with this Court alleging § 1983
violations against numerous defendants. The Complaint did not contain an original signature as
required by Rule 11 of the Federal Rules of Civil Procedure. As a result, Plaintiff was instructed
to file an amended complaint containing his signature within thirty (30) days of February 4,
2016, the date of this Court’s Order.
Plaintiff filed an amended complaint on February 25, 2016 (Doc. 5); however, it does not
contain a statement of claim or request for relief. As a result, the amended complaint was
stricken and the Court instructed Plaintiff to file an amended complaint that contains a statement
of claim and request for relief within thirty (30) days of February 26, 2016 (Doc. 6). Over thirty
days have since passed and the Plaintiff has not filed an amended complaint in compliance with
the Court’s Order. Accordingly, this case is DISMISSED without prejudice 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); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994).

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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. 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. Jockish,
133 F.3d 464, 467 (7th Cir. 1998). 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: August 29, 2016

s/ STACI M. YANDLE
STACI M. YANDLE
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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