Wilkins v. Overall et al

Filing 9

ORDER: Plaintiff is hereby ORDERED to provide the Court with a filing fee of $400.00 or a properly completed IFP Motion on or before February 10, 2017. The Clerk is DIRECTED to send plaintiff another form IFP motion. Failure to comply with this Order shall result in dismissal of this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). (Action due by 2/10/2017). Signed by Judge David R. Herndon on 1/10/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSEPH WILKINS
Plaintiff,
vs.

Case No. 16-cv-1324-DRH

OVERALL,
ETCHESON,
SETH,
FOSTER, and
JOHNSON
Defendant.
NOTICE OF IMPENDING DISMISSAL
HERNDON, District Judge:
Plaintiff Joseph Wilkins filed this action pursuant to 42 U.S.C. § 1983 for
injuries arising out of allegedly improper dental care at Vandalia Correctional
Center. (Doc. 1). In his complaint, plaintiff seeks monetary damages and fees.
(Doc. 1). At the time he filed this suit, plaintiff was no longer incarcerated.
On December 9, 2016, this case was opened in the Southern District of
Illinois without payment of a filing fee or the filing of a Motion and Affidavit to
Proceed in District Court Without Prepaying Fees or Costs (“IFP Motion”). (Doc.
1) (Doc. 4). On December 9, 2016, the Clerk of Court sent plaintiff a letter (Doc.
4) advising him that he must prepay the filing fee of $400.00 or file an IFP Motion
within thirty (30) days (i.e., by January 9, 2017). Plaintiff was clearly warned that
failure to prepay the full filing fee or file an IFP Motion by January 9, 2017, would
result in dismissal of this case. Id. Document 4 was mailed to plaintiff at the
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address listed on the complaint and on file with the Clerk’s Office in this action at
the time – PO Box 377862, Chicago, IL 60637. Attached to this letter was a form
IFP Motion. On January 6, 2017, plaintiff submitted 4 documents to the Court
for filing, but none of them addressed the filing fee or IFP status.
To date, plaintiff has not paid the $400.00 filing fee for the action or filed a
properly completed IFP Motion.

The Court cannot allow this matter to linger

indefinitely.
Plaintiff is hereby ORDERED to provide the Court with a filing fee of
$400.00 or a properly completed IFP Motion on or before February 10, 2017.
The Clerk is DIRECTED to send plaintiff another form IFP motion.
Plaintiff is again ADVISED of his continuing obligation to keep the Clerk
and each opposing party informed of any change in his address. The Court will
not independently investigate plaintiff’s whereabouts.

This shall be done in

writing and not later than 7 days after a transfer or other change in address
occurs.
Failure to comply with this Order shall result in dismissal of this action
for want of prosecution and/or for failure to comply with a court order under
Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.

DATED January 10, 2017.

Digitally signed by
Judge David R.
Herndon
Date: 2017.01.10
11:06:53 -06'00'
United States District Court

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