Garrett et al v. People of State of Illinois

Filing 52

ORDER DISMISSING CASE without prejudice based on Plaintiff's failure to comply with an Order of this Court and for want of prosecution. This dismissal shall NOT count as a strike under 28 U.S.C. § 1915(g). Signed by Judge Staci M. Yandle on 5/22/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHNNIE GARRETT, # N20411, and
CHINA ANNE MCCLAIN,
Plaintiffs,
vs.
PEOPLE OF STATE OF ILLINOIS,
Defendant.

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Case No. 17-cv-267-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
On February 13, 2017, Plaintiff Johnnie Garrett filed a Complaint (Doc. 1) in the Middle
District of Florida. His case was transferred to this Court on March 13, 2017. (Doc. 4). Plaintiff
filed a Motion for Leave to Proceed in forma pauperis (“IFP Motion”) on April 10, 2017. (Doc.
27).
The Court denied Plaintiff’s IFP Motion on April 12, 2017, noting 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. 31, pp. 1-2). Plaintiff also failed to demonstrated
imminent danger of serious physical injury. (Doc. 31, p. 3). He was therefore ordered to pay the
full filing fee of $400.00 by May 12, 2017, if he wished to proceed. (Doc. 31). The Court
warned Plaintiff that failure to pay the fee by the deadline would result in dismissal of the action.
(Doc. 31, p. 4) (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 deadline has now passed and Plaintiff has not paid the filing fee, nor has he
requested an extension of the deadline for doing so. As such, Plaintiff is in clear violation of the

Court’s Order. (Doc. 31). The Court will not allow this matter to linger indefinitely.
Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED without
prejudice based on Plaintiff’s failure to comply with an Order of this Court and for want of
prosecution. (Doc. 31) (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.
All pending motions in this case are hereby DENIED as moot.
The Clerk’s Office is DIRECTED to close this case and enter a judgment accordingly.
IT IS SO ORDERED.
DATED: May 22, 2017
s/ STACI M. YANDLE
District Judge
United States District Court