Hill v. Sawyer

Filing 11

ORDER DISMISSING CASE with prejudice, based on Plaintiff's failure to comply with this Court's Order dated March 6, 2017. (Doc. 10). The dismissal counts 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 4/10/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEMONTE T. HILL,
#S15599,
Plaintiff,
vs.
ANITA BAZILE SAWYER,
N. JOHNSON and
ILLINOIS DEPT. OF CORRECTIONS,
Defendants.

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Case No. 16-cv-01167-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
Proceeding pro se, Plaintiff Demonte Hill filed the instant civil rights action pursuant to
42 U.S.C. § 1983 on October 21, 2016. (Doc. 1). In the Complaint, Plaintiff claims that he was
denied medical care for a burn injury he suffered during his incarceration at Southwestern
Illinois Correctional Center (“SWICC”) on August 4, 2016. (Doc. 1, p. 4). He named Warden
Anita Sawyer in connection with a claim for monetary relief. (Doc. 1, p. 5). The Court
dismissed the Complaint at screening for failure to state a claim upon which relief may be
granted on November 16, 2016. (Doc. 6). However, the dismissal was without prejudice, and
Plaintiff was granted leave to file a First Amended Complaint on or before December 14, 2016.
(Doc. 6, p. 5).
Plaintiff filed a First Amended Complaint prior to the deadline. (Doc. 9). It, too, failed
to state a claim upon which relief may be granted and was dismissed without prejudice on March
6, 2017. (Doc. 10). However, Plaintiff was given one final opportunity to re-plead his claims in
a Second Amended Complaint. (Doc. 10, p. 6). The deadline for doing so was April 2, 2017.

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Id. Plaintiff was explicitly warned that “the entire case shall be dismissed with prejudice” if he
“fail[ed] to file his Second Amended Complaint within the allotted time or consistent with the
instructions set forth in th[e] Order.” (Doc. 10, p. 7).
Plaintiff missed the deadline for filing his Second Amended Complaint. More than a
week has passed since the deadline expired. The Court has received no communication from
him, such as a request for an extension of the deadline. The Court will not allow this matter to
continue lingering.

Accordingly, this action shall be dismissed with prejudice based on

Plaintiff’s failure to comply with an Order of this Court (Doc. 10) and his failure to prosecute his
claims. See FED. R. CIV. P. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson
v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Further, the dismissal will count as one of Plaintiff’s
three allotted “strikes” within the meaning of 28 U.S.C. § 1915(g).
Disposition
IT IS HEREBY ORDERED that this action is DISMISSED with prejudice, based on
Plaintiff’s failure to comply with this Court’s Order dated March 6, 2017. (Doc. 10). See FED.
R. CIV. P. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga,
34 F.3d 466 (7th Cir. 1994). The dismissal counts as one of Plaintiff’s three allotted “strikes”
within the meaning of 28 U.S.C. § 1915(g).
IT IS ALSO ORDERED that Plaintiff’s obligation to pay the filing fee for this action
was incurred at the time the action was filed, regardless of subsequent developments in the case.
Accordingly, the filing fee of $350.00 remains due and payable. See 28 U.S.C. § 1915(b)(1);
Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
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

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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, 133 F.3d at
467. 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 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: April 10, 2017
s/ STACI M. YANDLE
District Judge
United States District Judge

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