Bradley v. Dennison et al

Filing 6

ORDER : Plaintiff is hereby ORDERED to provide the Court with a filing fee of $400.00 or a properly completed IFP Motion on or before October 11, 2017. Failure to comply with this Order will result in dismissal of this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). (Action due by 10/11/2017). Signed by Chief Judge Michael J. Reagan on 9/20/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEANDRE BRADLEY,
#M-05197,
Plaintiff,
vs.
JEFFERY DENNISON,
KAREN SMOOT,
A. DAVID,
and ETHAN WILKE,
Defendants.

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Case No. 17−cv–00862−MJR

NOTICE OF IMPENDING DISMISSAL
REAGAN, Chief District Judge:
On August 14, 2017, Plaintiff Deandre Bradley filed a Complaint pursuant to 42 U.S.C.
§ 1983 against officials at Shawnee Correctional Center. (Doc. 1). His claims are substantially
similar to those he brought in Bradley v. Dennison, et al., No. 17-cv-00829-SMY (S.D. Ill. 2017)
(“original case”). The Court therefore ordered Plaintiff to confirm his intention to separately
pursue this case. (Doc. 4). Plaintiff filed a Response on September 19, 2017. (Doc. 5). In it,
Plaintiff confirmed that he intended to bring this separate, but related, action. Id.
Before the Court screens the Complaint pursuant to 28 U.S.C. § 1915A, it must address
one other threshold matter. This case was opened without payment of a filing fee or the filing of
a Motion and Affidavit to Proceed in District Court Without Prepaying Fees or Costs (“IFP
Motion”). On August 14, 2017, the Clerk of Court sent Plaintiff a letter advising him of his
obligation to prepay the full filing fee of $400.00 or to file an IFP Motion within thirty (30) days
(i.e., on or before September 13, 2017). (Doc. 3) Plaintiff was warned that failure to do so may
result in dismissal of this case. Included with this letter was a form IFP Motion. To date,
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Plaintiff has failed to pay the filing fee for this action or to file an IFP Motion. In his Response,
Plaintiff requested additional time to file the IFP Motion. The request is GRANTED.
Plaintiff is hereby ORDERED to provide the Court with a filing fee of $400.00 or a
properly completed IFP Motion on or before October 11, 2017. If Plaintiff files an IFP Motion,
the Court must review his trust fund account statement for the 6-month period immediately
preceding the filing of this action. Thus, he must have the Trust Fund Officer at his facility
complete the attached certification and provide a copy of his trust fund account statement (or
institutional equivalent) for the period 2/1/2017 to 8/14/17. This information should be mailed to
the Clerk of Court at the following address: United States District Court – Southern District of
Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk has already provided
Plaintiff with a copy of the form IFP Motion, along with Doc. 3, and will not need to send him
another form at this time.
Plaintiff is also ADVISED of his continuing obligation to keep the Clerk and each
opposing party informed of any change in his address.

The Court will not independently

investigate Plaintiff’s whereabouts. This shall be done in writing and not later than 7 days after a
transfer or other change in address occurs.
Failure to comply with this Order will result in dismissal of this action for want of
prosecution and/or for failure to comply with a court order under Federal Rule of Civil
Procedure 41(b).
IT IS SO ORDERED.
DATED September 20, 2017.
s/ MICHAEL J. REAGAN
District Judge
United States District Court

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