Wells v. Butler et al

Filing 5

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 March 14, 2017. The Clerk is DIRECTED send plaintiff another form IFP motion. (Action due by 3/14/2017). Signed by Judge David R. Herndon on 2/14/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SAM WELLS,
Plaintiff,
vs.

Case No. 17-cv-029-DRH

KIMBERLY BUTLER,
MINH T. SCOTT,
REBECCA COWAN,
RANDY S. PFISTER,
CHAD M. BROWN,
ABERARDO A. SALINAS,
SALVADOR A. GODINEZ, and
LESLIE MCCARTY
Defendants.
NOTICE OF IMPENDING DISMISSAL
HERNDON, District Judge:
Plaintiff Sam Wells filed this action pursuant to 42 U.S.C. § 1983 for due
process violations that allegedly occurred at Menard Correctional Center and
Pontiac Correctional Center. (Doc. 1). In his complaint, plaintiff seeks monetary
damages. (Doc. 1).
On January 12, 2017, 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 January 12, 2017, 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 February 13, 2017). Plaintiff was clearly warned
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that failure to prepay the full filing fee or file an IFP motion by February 13, 2017,
would result in dismissal of this case. Id. Document 4 was mailed to plaintiff at
the address listed on the complaint and on file with the Clerk’s Office in this
action at the time – Hill Correctional Center. Attached to this letter was a form
IFP motion. Plaintiff has filed nothing further.
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. The deadline set in Document 4 remains in effect.
Plaintiff is hereby ORDERED to provide the Court with a filing fee of
$400.00 or a properly completed IFP motion on or before March 14, 2017. The
Clerk is DIRECTED 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).

Judge Herndon
2017.02.14
10:07:33 -06'00'

IT IS SO ORDERED.

DATED: February 14, 2017.

United States District Judge
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