Strong v. Reed et al

Filing 9

MEMORANDUM AND 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. 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 Plaintiffs three allotted strikes within the meaning of 28 U.S.C. § 1915(g). Signed by Judge Staci M. Yandle on 7/25/2017. (jaj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEANDRE STRONG,

Plaintiff,
vs.
REED and
JEANNE CAMPANELLA,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 17-cv-0417-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
On April 24, 2017, Plaintiff filed a Complaint (Doc. 1) pursuant to 42 U.S.C. § 1983,
asserting claims against Defendants for deliberate indifference to his safety. The Complaint did
not survive threshold review under 28 U.S.C. § 1915A and the Court dismissed the original
Complaint on June 20, 2017 (Doc. 8). However, as the dismissal was for failure to state a claim,
the Court gave Plaintiff an opportunity to amend his complaint and directed him to do so on or
before July 18, 2017 (Doc. 8, p. 5). The deadline to file an amended complaint has now passed.
Plaintiff has not filed an amended complaint nor has he requested an extension of the deadline
for doing so.
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, 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, 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 of Court is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: July 25, 2017
__s/STACI M. YANDLE _________
United States 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).
2