Washington v. Harper
ORDER DISMISSING CASE without prejudice for failure to prosecute this action. Signed by Judge David R. Herndon on 11/6/2017. (tjk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MEMORANDUM AND ORDER
Petitioner Jacob Washington, a resident at Chester Mental Health Center,
filed the instant action on June 30, 2017. (Doc. 1). On July 17, 2017, Petitioner
filed an Amended Petition. (Doc. 3). The action was opened as a Petition for Writ
of Habeas Corpus Pursuant to 28 U.S.C. § 2254. However, after reviewing the
Amended Petition, the Court could not determine the nature of Washington’s
claims and the relief being sought. 1 Accordingly, the Court dismissed the
Amended Petition without prejudice and ordered as follows:
IT IS FURTHER ORDERED that Washington is GRANTED leave to
file an amended pleading on or before October 25, 2017. The
ultimate filing fee due will be based on the nature of the action filed.
Failure to file an amended pleading will result in this action being
dismissed without prejudice. Washington is free to file multiple
actions if, for example he wants to file both a civil rights action and a
habeas corpus petition—but each would be a separate case and
separate filing fees would be assessed.
The Court could not discern whether Washington intended to file a civil rights action pursuant to
42 U.S.C. § 1983, a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, a petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2254, or some combination thereof.
To enable Washington to comply with this Order, the Clerk provided him
with blank § 1983, § 2254, and § 2241 form pleadings (and corresponding
The deadline has passed. Washington has not filed a response to the
Court’s order. In fact, he has not communicated with the Court at all.
As a result, the Petition is DISMISSED without prejudice for failure to
prosecute this action. See Fed. R. Civ. P. 41(b).
The obligation to pay the filing fee was incurred on the date Washington
filed this action. As this action was originally docketed as a Habeas Petition and
Washington has not responded to the Court’s Order, the Court will impose the
filing fee associated with habeas actions, $5.00.
Washington did not file an IFP Motion. However, he did file a trust fund
account statement indicating that he is indigent. (Doc. 4). The Court treats this
pleading as a motion to proceed IFP and grants the motion based on the financial
The Clerk is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
Digitally signed by
Judge David R. Herndon
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