Henderson v. Butler et al

Filing 6

ORDER DISMISSING CASE with prejudice 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 Judge Nancy J. Rosenstengel on 6/20/2016. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ELROY HENDERSON,
# M 20461,
Plaintiff,
vs.
KIMBERLY BUTLER, et al.
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. 16-cv-0528-NJR

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
On May 12, 2016, Plaintiff filed a complaint (Doc. 1) pursuant to 42 U.S.C. § 1983. In
the complaint, Plaintiff sued various defendants for retaliating against him after he told an officer
to stop calling him names. (Doc. 1). The complaint did not survive threshold review under 28
U.S.C. § 1915A because Plaintiff failed to sign the complaint pursuant to Federal Rule of Civil
Procedure 11(a). (Doc. 4). Accordingly, the Court struck the complaint on May 13, 2016, and the
order specifically directed Plaintiff to file a signed complaint no later than June 3, 2016. (see
Doc. 4). The deadline has now passed. Plaintiff has not filed a signed complaint. He also has
failed to request 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). 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

Page 1 of 2

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). If the appeal is found to be non-meritorious, 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
___________________________
NANCY J. ROSENSTENGEL
United States District Judge

1

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).

Page 2 of 2