Daniels v. Shah et al

Filing 22

ORDER DISMISSING CASE with prejudice based on Plaintiff's failure to comply with a 19 Court Order and his failure to prosecute his claim herein. See 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 dismissal does not count as a "strike" under S28 U.S.C. 1915(g). Signed by Judge J. Phil Gilbert on 12/4/2019. (jsy)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENNARD DANIELS,
Plaintiff,
vs.
VENERIO SANTOS,
Defendant.

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Case No. 17-cv-00698-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
Plaintiff Kennard Daniels filed this civil rights action pursuant to 42 U.S.C. § 1983 on
July 5, 2017, for alleged violations of his constitutional rights at Lincoln and Centralia
Correctional Centers. (Doc. 1). The Court screened the Complaint and severed three improperly
joined claims into a separate suit on October 30, 2017. (Doc. 11). A fourth claim survived
preliminary review against Dr. Venerio Santos and was allowed to proceed herein. (Id.).
Following entry of the Severance and Screening Order (Doc. 11), however, the Court
received only a single communication from Plaintiff. On December 11, 2017, he notified the Court
of his release from prison and his updated address. (Doc. 18). The Court has not heard from him
since 2017.
More than a year after Plaintiff originally filed this action, the Court entered the following
Order to Show Cause on July 8, 2018:
ORDER TO SHOW CAUSE: Plaintiff is ORDERED to SHOW CAUSE as to why
this matter should continue given his failure to take any action since filing a notice
of change of address on December 11, 2017. Show Cause Response due by
7/27/2018. Plaintiff is WARNED that his failure to adequately respond to this order
may result in the recommendation that this lawsuit be dismissed.

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(Doc. 19). A copy of the Order was sent to Plaintiff at the address he provided the Court in
December 2017. However, the Order was returned undelivered on July 24, 2018. (Doc. 20).
The Court will not allow this matter to linger any longer. This action shall be dismissed
with prejudice based on Plaintiff’s failure to comply with the Court’s Order to Show Cause
(Doc. 19) and his failure to prosecute his claim. See FED. R. CIV. P. 41(b). The dismissal will not
count as one of Plaintiff’s three allotted “strikes” under of 28 U.S.C. § 1915(g).
Disposition
IT IS HEREBY ORDERED that this action is DISMISSED with prejudice, based on
Plaintiff’s failure to comply with a Court Order (Doc. 19) and his failure to prosecute his claim
herein. See 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 dismissal does not count as a “strike” under Section
1915(g).
IT IS ALSO ORDERED that Plaintiff’s obligation to pay the filing fee for this action was
incurred at the time the action was filed, regardless of subsequent developments in the case.
Accordingly, 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).
The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: December 4, 2019
s/ J. Phil Gilbert
J. PHIL GILBERT
United States District Judge

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