Niepert v. Brown

Filing 6

IT IS THEREFORE ORDERED that if Plaintiff wishes to proceed with this action, she SHALL FILE her First Amended Complaint within 14 days of this order (on or before May 17, 2017). If no amended complaint is filed, this case SHALL be dismissed with prejudice, and Plaintiff SHALL be assessed a strike. The amended complaint must comply with the instructions included in the March 20, 2017, order (Doc. 1). The Clerk is DIRECTED to mail Plaintiff a copy of the Court's March 20, 2017, order (Doc. 1) and a blank civil rights complaint form along with this order. (Amended Pleadings due by 5/17/2017). Signed by Judge J. Phil Gilbert on 5/2/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LISA NIEPERT,
Plaintiff,
vs.
JEFF BROWN,
Defendants.

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Case No. 17-cv-288-JPG

NOTICE OF IMPENDING DISMISSAL
GILBERT, District Judge:
This matter is before the Court for case management. On March 20, 2017, this action
was severed from the case originally filed by Plaintiff and 7 other inmates at the Bond County
Jail, Jeremy K. Smith, et al., v. Jeff Brown, Case No. 17-cv-006-JPG. (Doc. 1). Further, the
Court dismissed the original Complaint (Doc. 2) for failure to state a claim upon which relief
may be granted.
Plaintiff was ordered to submit an amended complaint no later than April 14, 2017, in
order to proceed with this action. She was warned that failure to file an amended complaint
would result in this case being dismissed with prejudice. (Doc. 1, p. 11). The order also notified
Plaintiff that she may incur a “strike” within the meaning of 28 U.S.C. § 1915(g) if she failed to
file an amended complaint. Id.
The April 14, 2017, deadline has come and gone, and the Court has not received an
amended complaint or any other filing from Plaintiff.

This action is therefore subject to

dismissal. However, because of an ambiguity in the Court’s docket regarding the mailing of the
March 20, 2017, order to Plaintiff, and out of an abundance of caution, Plaintiff shall be granted

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a brief extension to file an amended complaint before the case is dismissed.
IT IS THEREFORE ORDERED that if Plaintiff wishes to proceed with this action, she
SHALL FILE her First Amended Complaint within 14 days of this order (on or before May 17,
2017). If no amended complaint is filed, this case SHALL be dismissed with prejudice, and
Plaintiff SHALL be assessed a strike.

The amended complaint must comply with the

instructions included in the March 20, 2017, order (Doc. 1).
The Clerk is DIRECTED to mail Plaintiff a copy of the Court’s March 20, 2017, order
(Doc. 1) and a blank civil rights complaint form along with this order.
Plaintiff shall note that her obligation to pay the filing fee for this action was incurred at
the time the case was filed, and this fee is due whether or not Plaintiff submits an amended
complaint. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
IT IS SO ORDERED.
DATED: May 2, 2017
s/J. Phil Gilbert
United States District Judge

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