Compton v. Baldwin et al

Filing 11

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 Judge Staci M. Yandle on 12/19/2016. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DARNELL COMPTON,

Plaintiff,
vs.
JOHN BALDWIN, et al.
Defendants.

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Case No. 16-cv-0755-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
On July 6, 2016, Plaintiff filed this Complaint. (Doc. 1). The case underwent threshold
screening on November 7, 2016, and the Court determined that Plaintiff had failed to state a
claim upon which relief may be granted. (Doc. 9). Plaintiff was given until December 12, 2016
to file an amended complaint, stating any facts which may exist to support a claim for deliberate
indifference. (Doc. 9). The deadline has now passed. Plaintiff has not filed an amended
complaint or requested an extension of time to do so. The Court therefore finds that Plaintiff is
not in compliance with its November 7th Order directing him to file an amended complaint.
(Doc. 6).
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); 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).

1

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). 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: December 19, 2016
s/ 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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