Pyles v. Unknown Party
Filing
13
ORDER DISMISSING CASE with prejudice for failure to comply with an order of this Court. Signed by Judge J. Phil Gilbert on 9/26/2017. (tjk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TERRY LEE PYLES,
#34864
Plaintiff,
vs.
UNKNOWN PARTY,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 17-cv–378-JPG
MEMORANDUM AND ORDER
GILBERT, District Judge:
Plaintiff Terry Lee Pyles, commenced this action pursuant to 42 U.S.C. § 1983 on April
12, 2017. (Doc. 1). Plaintiff’s claims arise out of his arrest and pending prosecution in Madison
County, Illinois for meth manufacturing and possession of meth manufacturing material. State of
Illinois vs. Pyles, Case No. 2017-cv-690 (trial set for September 11, 2017). The Complaint was
dismissed for failure to comply with Rule 10(a) of the Federal Rules of Civil Procedure. (Doc.
11). The dismissal was without prejudice to Plaintiff filing a First Amended Complaint on or
before August 23, 2017. That deadline has now passed. Plaintiff has not filed a First Amended
Complaint. He also has failed to request an extension of the deadline for doing so.
As a result, this case is DISMISSED with 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).
1
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 $350.00 remains due and payable. See 28 U.S.C. §
1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
If Plaintiff wishes to appeal this Order, he 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, he 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,
725-26 (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). Moreover, if the appeal is found to be nonmeritorious,
Plaintiff may incur a “strike.” A proper and timely motion filed pursuant to Federal Rule of Civil
Procedure 59(e) may toll the 30-day appeal deadline. FED. R. APP. P. 4(a)(4). A Rule 59(e)
motion must be filed no more than twenty-eight (28) days after the entry of the judgment, and
this 28-day deadline cannot be extended.
The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly
IT IS SO ORDERED.
DATED: 9/26/2017
s/ J. PHIL GILBERT_
J. PHIL GILBERT
United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?