Bankston v. Williams et al

Filing 7

ORDER DISMISSING CASE without prejudice. This dismissal shall NOT count as a strike under 28 U.S.C. § 1915(g). Signed by Judge David R. Herndon on 3/28/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHNNIE BANKSTON,
#R-16224,
Plaintiff,

vs.

Case No. 17-cv-00070-DRH

MICHEAL WILLIAMS,
JEFFREY DENNISON,
KENNETH HAMILTON,
ANGELA,
TIMOTHY QUIGLEY,
O. TALMAGE, and
C/O DURHAM,
Defendants.
MEMORANDUM AND ORDER
HERNDON, District Judge:
On January 24, 2017, Plaintiff Johnnie Bankston filed a Motion for
Temporary Restraining Order (“TRO Motion”) (Doc. 1) and a Motion for Leave to
Proceed in forma pauperis (“IFP Motion”) (Doc. 2) in this Court. He did not file a
Complaint. The Court immediately considered the TRO Motion and denied it on
January 26, 2017. (Doc. 4).
In the same Order, the Court denied Plaintiff’s IFP Motion. Id. The Court
noted that Plaintiff previously “struck out” by filing at least three prior actions that
were dismissed as frivolous, malicious, or for failure to state a claim. (Doc. 4, pp.
4-7). He also demonstrated no imminent danger of serious physical injury. Id.
He was therefore ordered to pay the full filing fee of $400.00 and file a Complaint
by February 23, 2017, if he wished to proceed.
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(Doc. 4).

The deadline was

extended to March 23, 2017, in response to Plaintiff’s request for an extension on
February 17, 2017. (Docs. 5-6). Twice, the Court warned Plaintiff that failure to
pay the fee and file a Complaint by the deadline would result in dismissal of the
action for failure to comply with a court order and for failure to prosecute his
claims. (Docs. 4, 6) (citing 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 extended deadline has now passed. Plaintiff has not paid the filing fee
or filed a Complaint.

He has also failed to request another extension of the

deadline for doing so. Plaintiff is in clear violation of the Court’s Orders. (Docs.
4, 6). The Court will not allow this matter to linger indefinitely.
IT IS HEREBY ORDERED that this action is DISMISSED without
prejudice based on Plaintiff’s failure to comply with two Orders of this Court and
for want of prosecution.

(Docs. 4, 6) (citing 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)). This dismissal shall NOT count as a “strike” under 28 U.S.C.
§ 1915(g).
Plaintiff’s obligation to pay the filing fee for this action was incurred at the
time the action was filed, so the fee of $400.00 remains due and payable.

See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir.
1998). A separate order will issue for the prison Trust Fund Officer to deduct
payments from Plaintiff’s trust fund account until the $400.00 fee is paid in full.

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The Clerk’s Office is DIRECTED to close this case and enter a judgment
accordingly.
IT IS SO ORDERED.
DATED: March 28, 2017

Digitally signed by Judge
David R. Herndon
Date: 2017.03.28 15:13:31
-05'00'
____________________________________
District Judge
United States District Court

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