Cox v. True et al
Filing
5
ORDER: Plaintiff is hereby ORDERED to provide the Court with a filing fee of $400.00 or a properly completed IFP Motion on or before June 8, 2017. The Clerk is DIRECTED to send Plaintiff another form IFP motion. Failure to comply with this Order shall result in dismissal of this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). (Action due by 6/8/2017). Signed by Judge J. Phil Gilbert on 5/17/2017. (tjk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FRANCIS SCHAEFFER COX
Plaintiff,
vs.
WILLIAM TRUE,
KATHERINE SIEREVELD,
ANGELA DUNBAR,
KATHY HILL,
GARY BURGESS,
R. BLYTHE,
R. BASKERVILLE,
C. KRAWCYZK, and
FEDERAL BUREAU OF PRISONS
Defendants.
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Case No. 17-cv-338-JPG
NOTICE OF IMPENDING DISMISSAL
GILBERT, District Judge:
Plaintiff Francis Schaeffer Cox filed this action pursuant to Bivens v. Six Unknown
Agents of the Bureau of Narcotics, 403 U.S. 388 (1971) alleging that employees of Marion
United States Penitentiary have violated the Constitution. (Doc. 1). In his Complaint, Plaintiff
seeks monetary damages, injunctive relief, and declarative relief. (Doc. 1).
On April 3, 2017, this case was opened in the Southern District of Illinois without
payment of a filing fee or the filing of a Motion and Affidavit to Proceed in District Court
Without Prepaying Fees or Costs (“IFP Motion”). (Doc. 1) (Doc. 4). Plaintiff submitted a notice
to the Court indicating that he had authorized the prison to pay the filing fee in this case out of
his funds. (Doc. 3). On April 3, 2017, the Clerk of Court sent Plaintiff a letter (Doc. 4) advising
him that he must prepay the filing fee of $400.00 or file an IFP Motion within thirty (30) days
(i.e., by May 3, 2017). Plaintiff was clearly warned that failure to prepay the full filing fee or file
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an IFP Motion by May 3, 2017, would result in dismissal of this case. Id. Document 4 was
mailed to Plaintiff at the address listed on the complaint and on file with the Clerk’s Office in
this action at the time – USP Marion. Attached to this letter was a form IFP Motion.
Given
Plaintiff’s representation that the fee was forthcoming, the Court departed from its usual practice
and waited an additional 2 weeks past the May 3 deadline, but still no fee has been forthcoming.
The Court has received no further correspondence from Plaintiff.
To date, Plaintiff has not paid the $400.00 filing fee for the action or filed a properly
completed IFP Motion. The Court cannot allow this matter to linger indefinitely. The deadline
set in Document 4 remains in effect.
Plaintiff is hereby ORDERED to provide the Court with a filing fee of $400.00 or a
properly completed IFP Motion on or before June 8, 2017. The Clerk is DIRECTED send
Plaintiff another form IFP motion.
Plaintiff is again ADVISED of his continuing obligation to keep the Clerk and each
opposing party informed of any change in his address. The Court will not independently
investigate Plaintiff’s whereabouts. This shall be done in writing and not later than 7 days after a
transfer or other change in address occurs.
Failure to comply with this Order shall result in dismissal of this action for want of
prosecution and/or for failure to comply with a court order under Federal Rule of Civil
Procedure 41(b).
IT IS SO ORDERED.
DATED May 17, 2017.
s/J. Phil Gilbert
United States District Judge
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