Wells v. Butler 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 David R. Herndon on 5/23/2017. (tjk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SAM WELLS,
R42905,
Plaintiff,
vs.
Case No. 17-cv-0029-DRH
KIMBERLY BUTLER, et al.
Defendants.
MEMORANDUM AND ORDER
HERNDON, District Judge:
On January 12, 2017, plaintiff filed a complaint (Doc. 1) pursuant to 42
U.S.C. § 1983.
In the Complaint, plaintiff sued defendants for constitutional
violations associated with disciplinary proceedings. (Doc. 1). The complaint did
not survive threshold review under 28 U.S.C. § 1915A because plaintiff’s claims
regarding disciplinary proceedings at Menard and Pontiac Correctional Centers
were frivolous; the Court found a related conditions of confinement allegation
failed to state a claim. (Doc. 8). Accordingly, the Court dismissed the complaint
on April 12, 2017. (Doc. 8). The dismissal specifically directed plaintiff to file an
amended complaint regarding his conditions of confinement claims no later than
May 12, 2017. (Doc. 8). The deadline has now passed. Plaintiff has not filed an
amended complaint. He has also failed to request an extension of the deadline for
doing so.
Page 1 of 2
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).
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
See FED. R. APP. 3(e); 28 U.S.C. §
irrespective of the outcome of the appeal.
1915(e)(2); Ammons v. Gerlinger, 547 F.3d 724, 725-26 (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
Digitally signed by
Judge David R.
Herndon
Date: 2017.05.23
13:08:52 -05'00'
accordingly.
IT IS SO ORDERED.
DATED: May 23, 2017
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).
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