Bell v. Wexford Health Services et al

Filing 13

ORDER DISMISSING CASE with prejudice for failure to comply with an order of this Court. Further, because the complaint failed to state a claim upon which relief may be granted, this dismissal shall count as one of Plaintiff's three allotted strikes within the meaning of 28 U.S.C. § 1915(g). Signed by Judge J. Phil Gilbert on 8/5/2016. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSEPH BELL, # R-70185,
Plaintiff,
vs.
WEXFORD HEALTH SERVICES,
DR. AFUWAPE, MS. KLEIN,
and MARY JOHNSON,
Defendants.

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Case No. 16-cv-00240-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On March 7, 2016, Plaintiff Joseph Bell filed a complaint (Doc. 1) pursuant to 42 U.S.C.
§ 1983 against several officials at Vandalia Correctional Center who allegedly denied him
adequate medical care.

The complaint did not survive threshold review under 28 U.S.C.

§ 1915A. It did not comply with Rule 8(a) of the Federal Rules of Civil Procedure or state any
claim upon which relief may be granted. Accordingly, the Court dismissed the complaint on
June 28, 2016 (Doc. 12). The dismissal was without prejudice to Plaintiff filing a First Amended
Complaint on or before August 1, 2016 (Doc. 12, pp. 6-7).
The deadline for filing a First Amended Complaint has now passed. Plaintiff has not
filed an amended complaint. He has also not requested an extension of the deadline for doing so.
As a result, this case is DISMISSED with 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). Further, because the complaint failed
to state a claim upon which relief may be granted, this dismissal shall count as one of Plaintiff’s
three allotted “strikes” within the meaning of 28 U.S.C. § 1915(g).
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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. 3(e); 28 U.S.C. § 1915(e)(2); Ammons v. Gerlinger, 547 F.3d 724, 72526 (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). Moreover, if the appeal is found to be nonmeritorious,
Plaintiff may also incur another “strike.” A proper and 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).
A Rule 59(e) motion must be filed no more than twenty-eight (28) days after the entry of the
judgment, and this 28-day deadline cannot be extended.
The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: August 5, 2016
s/J. Phil Gilbert
J. PHIL GILBERT
United States District Judge

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