Jones v. May

Filing 8

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this action is DISMISSED without prejudice for failure to comply with an Order of this Court and for want of prosecution. See id. This dismissal shall NOT count as a strike under 28 U.S.C. § 1915(g ). Plaintiffs obligation to pay the filing fee for this action was incurred at the time the action was filed, so the fee of $400.00 remains due and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). IT IS ALSO ORDERED that Plaintiffs Motion for Leave to Proceed In Forma Pauperis (Doc. 2) is DENIED for failure to provide the necessary prisoner trust fund accountinformation as is required by the PLRA. 28 U.S.C. § 1915(a). IT IS FURTHER ORDERED all other pending motions, including Plaintiffs Motion toAppoint Counsel (Doc. 3), are DENIED as MOOT. The Clerks Office is DIRECTED to close this case and enter a judgment accordingly. Signed by Judge J. Phil Gilbert on 7/7/2017. (tkm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CORBIN D. JONES,
#01-30-1989-46,
Plaintiff,
vs.
BONNIE MAY,
Defendant.

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Case No. 17-cv-488-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
On May 10, 2017, Plaintiff Corbin Jones filed a Complaint (Doc. 1) pursuant to
42 U.S.C. § 1983 seeking monetary relief for various alleged violations of his constitutional
rights. Along with the Complaint, Plaintiff filed a motion seeking leave to proceed in forma
pauperis (“IFP motion”) (Doc. 2) without prepayment of the filing fee for this action. Pursuant
to the requirements of the PLRA, this Court ordered Plaintiff to provide the Clerk of Court with a
certification completed by the Trust Fund Officer at the facility in which he is housed and a copy
of his trust fund account statement (or institutional equivalent) for the period 11/1/2016 to
5/10/2017 to support his IFP motion no later than June 26, 2017. See 28 U.S.C. § 1915(a).
The Court warned Plaintiff that failure to comply with the Order by the deadline would
result in dismissal of the action for failure to comply with an Order of this Court. (Doc. 7)
(citing FED. R. CIV. P. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v.
Kamminga, 34 F.3d 466 (7th Cir. 1994)). The deadline has now passed, and Plaintiff has not
submitted the required certification and trust fund account statement. He has also failed to

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request an extension of the deadline for doing so. Plaintiff is in clear violation of the Court’s
Order (Doc. 7). The Court will not allow this matter to linger indefinitely.
IT IS HEREBY ORDERED that this action is DISMISSED without prejudice for
failure to comply with an Order of this Court and for want of prosecution. See id. This dismissal
shall NOT count as a “strike” under 28 U.S.C. § 1915(g). Plaintiff’s obligation to pay the filing
fee for this action was incurred at the time the action was filed, so the fee of $400.00 remains due
and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
IT IS ALSO ORDERED that Plaintiff’s Motion for Leave to Proceed In Forma
Pauperis (Doc. 2) is DENIED for failure to provide the necessary prisoner trust fund account
information as is required by the PLRA. 28 U.S.C. § 1915(a).
IT IS FURTHER ORDERED all other pending motions, including Plaintiff’s Motion to
Appoint Counsel (Doc. 3), are DENIED as MOOT.
The Clerk’s Office is DIRECTED to close this case and enter a judgment accordingly.
IT IS SO ORDERED.
DATED: July 7, 2017
s/J. Phil Gilbert
District Judge
United States District Court

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