Jennings v. Ashley et al

Filing 24

ORDER DISMISSING CASE without prejudice, for failure to comply with an Order of this Court. This dismissal shall NOT count as one of Plaintiff's three allotted strikes 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, thus the filing fee of $350 remains due and payable. Signed by Judge J. Phil Gilbert on 9/18/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRIAN JENNINGS,
Plaintiff,
vs.
NURSE ASHLEY, et al,
Defendants.

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Case No. 17-200-JPG-SCW

MEMORANDUM AND ORDER
GILBERT, District Judge:
On May 23, 2017, Plaintiff’s motion to proceed in forma pauperis (Doc. 2) was granted
and no initial partial filing fee was assessed (Doc. 13). Further, because Plaintiff was no longer
detained or incarcerated, he was ordered to pay the full $350.00 filing fee or file an updated
motion for leave to proceed in forma pauperis no later than June 6, 2017 (Doc. 13). Plaintiff was
clearly warned in that Order that failure to pay the full filing fee of $350.00 or file an updated
motion to proceed in forma pauperis would result in dismissal of this case. The date to pay the
full filing fee or file an updated motion for leave to proceed in forma pauperis has passed, and
Plaintiff has failed to do either. As a result, this action is DISMISSED without prejudice, 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 NOT count as one of Plaintiff’s three allotted “strikes” 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, thus the filing fee of $350 remains due and payable.

See 28 U.S.C. §

1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).

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The Clerk’s Office is DIRECTED to close this case.
IT IS SO ORDERED.
DATED: September 18, 2017
s/J. Phil Gilbert
United States District Judge

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