Johnson v. Watson et al

Filing 7

MEMORANDUM AND ORDER DISMISSING CASE. Signed by Judge J. Phil Gilbert on 7/14/2017. (jaj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DERRON JOHNSON, #S16950, Plaintiff, vs. RICHARD WATSON, PHILLIP MCLAURIN, THOMAS TRICE, NANCY SUTHERLAND, and LEVI BRIDGES, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 17−cv–061−JPG MEMORANDUM AND ORDER GILBERT, District Judge: On January 20, 2017, Plaintiff Derron Johnson filed a Complaint (Doc. 1) pursuant to 42 U.S.C. § 1983. The Complaint did not survive threshold review under 28 U.S.C. § 1915A and was dismissed on June 8, 2017 for failure to state a claim upon which relief may be granted. (Doc. 6, p. 5). The dismissal was without prejudice to Plaintiff filing an amended complaint on or before July 6, 2017. Id. That deadline has now passed. Plaintiff has not filed an amended complaint. He also has failed to request an extension of the deadline for doing so. As a result, this case is DISMISSED with prejudice for failure to comply with an order of this Court and failure to prosecute. 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). Further, because the Complaint failed to state a claim upon which relief may be granted, this dismissal shall count as one of Plaintiff’s three allotted “strikes” within the meaning of 28 U.S.C. § 1915(g). 1 Plaintiff’s obligation to pay the filing fee for this action was incurred at the time the action was filed, thus 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 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). 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 the 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: July 14, 2017 _s/J. PHIL GILBERT________ J. PHIL GILBERT United States District Judge 2

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