Williams v. Brown

Filing 6

ORDER DISMISSING CASE with prejudice for failure to state a claim upon which relief may be granted and for failure to comply with an order of this Court. This dismissal shall count as one of Plaintiff's three allotted strikes within the meaning of 28 U.S.C. § 1915(g). Signed by Judge J. Phil Gilbert on 4/26/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHELLE WILLIAMS,

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Plaintiff,
vs.
JEFF BROWN
Defendant.

Case No. 17−cv–0289−JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On January 6, 2017, Plaintiff filed this Complaint, as part of a group of Plaintiffs seeking
relief for conditions at Bond County Jail in Case No. 17-cv-006-JPG.

The undersigned

ultimately concluded that Plaintiff Williams’ claims were unrelated to the other plaintiffs and
severed her claims into the present action. (Doc. 1).

Plaintiff was also directed to file an

Amended Complaint, no later than April 14, 2017. (Doc. 1, p. 11). The deadline has now
passed. Plaintiff has not filed an amended complaint or requested an extension of time to do so.
The Court therefore finds that Plaintiff is not in compliance with its March 20th Order directing
her to file an amended complaint. (Doc. 1).
As a result, this case is DISMISSED with prejudice for failure to state a claim upon
which relief may be granted and 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 count as one of Plaintiff’s three
allotted “strikes” within the meaning of 28 U.S.C. § 1915(g).

1

If Plaintiff wishes to appeal this Order, she 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, she 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). If the appeal is found to be non-meritorious, Plaintiff may
also incur another “strike.” A timely motion filed pursuant to Federal Rule of Civil Procedure
59(e) may toll the 30-day appeal deadline.1 FED. R. APP. 4(a)(4).
The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: April 26, 2017
s/J. Phil Gilbert
U.S. District Judge

1

A Rule 59(e) motion to alter or amend a judgment must be filed no later than 28 days after the entry of
the judgment. FED. R. CIV. P. 59(e).

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