Fields v. Godinez et al

Filing 13

ORDER DISMISSING CASE with prejudice for failure to comply with Fed. R. Civ. P. 8 and the May 25, 2018 Order. This dismissal shall not count as one of Plaintiff's three allotted strikes within the meaning of 28 U.S.C. § 1915(g). Signed by Judge Nancy J. Rosenstengel on 7/9/2018. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TUAN C. FIELDS, SR.,

Plaintiff,
vs.
SALVADOR GODINEZ, et. al,
Defendants.

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Case No. 17-cv-01258-NJR

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
Plaintiff originally brought his claims in Case No. 17-cv-315-MJR, a multi-plaintiff
action. On November 20, 2017, Plaintiff’s complaint was severed into this action, and he was
ordered to submit an amended complaint for failure to comply with Fed. R. Civ. P. 8. (Doc. 1).
Plaintiff filed the Second Amended Complaint on December 21, 2017.

(Doc. 8).

After

reviewing the Second Amended Complaint, the Court found that it also failed to comply with
Fed. R. Civ. P. 8. (Doc. 12). Plaintiff was directed to file the Third Amended Complaint no later
than June 29, 2018. (Doc. 12). The deadline has now passed. Plaintiff has not filed an amended
complaint. He has also failed to request an extension of the deadline for doing so.
As a result, this case is DISMISSED with prejudice for failure to comply with Fed. R.
Civ. P. 8 and the May 25, 2018 Order. 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 not 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’s Office is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: July 9, 2018
s/ NANCY J. ROSENSTENGEL
United States District Judge

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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).
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