Moore, Jr. v. Securus Technologies, Inc. et al

Filing 10

ORDER DISMISSING CASE with prejudice, based on Plaintiff's failure to comply with this Court's Order to file a First Amended Complaint on or before April 16, 2018. (Doc. 9, p. 8). The dismissal counts as one of his three allotted strikes within the meaning of § 1915(g). Signed by Judge J. Phil Gilbert on 4/24/2018. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTHONY T. MOORE, Jr., #446508,
and all others similarly situated,
Plaintiff,
vs.
SECURUS TECHNOLOGIES, INC.,
ST. CLAIR COUNTY, ILLINOIS,
RICHARD WATSON, and
AUSTIN EVERETT,
Defendants.

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Case No. 17-cv-01285-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
Plaintiff Anthony Moore, Jr., brings this action to challenge the taxes and rates for inmate
phone calls at St. Clair County Jail under 42 U.S.C. § 1983, the Sherman Act, the Federal
Communications Act, the Racketeering Influenced Corrupt Organizations Act, and Illinois law.
(Doc. 1). He seeks declaratory judgment, monetary damages, and injunctive relief. (Doc. 1, pp.
13-14). The Complaint did not survive screening under 28 U.S.C. § 1915A and was dismissed
without prejudice on March 19, 2018. (Doc. 9). However, Plaintiff was granted leave to file a
First Amended Complaint on or before April 16, 2018. Id. He was warned that the action would
be dismissed with prejudice, if he failed to file it by that deadline. (Doc. 9, p. 8) (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)). Plaintiff was also warned that he would receive a “strike” pursuant
to 28 U.S.C. § 1915(g). Id.

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The deadline for filing the First Amended Complaint expired more than a week ago.
(Doc. 9). Plaintiff did not file a First Amended Complaint. He has not requested an extension of
the deadline for doing so.
The Court will not allow this matter to linger indefinitely. This action shall be dismissed
with prejudice based on Plaintiff’s failure to comply with an Order of this Court (Doc. 9, p. 8)
and failure to prosecute his claims. See FED. R. CIV. P. 41(b). The dismissal will count as one of
Plaintiff’s three allotted “strikes” within the meaning of § 1915(g).
Disposition
IT IS HEREBY ORDERED that this action is DISMISSED with prejudice, based on
Plaintiff’s failure to comply with this Court’s Order to file a First Amended Complaint on or
before April 16, 2018. (Doc. 9, p. 8). 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 counts
as one of his three allotted “strikes” within the meaning of § 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).
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, 133 F.3d at
467. He must list each of the issues he intends to appeal in the notice of appeal. Moreover, if the

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appeal is found to be nonmeritorious, Plaintiff may also incur another “strike.” A proper and
timely motion filed pursuant to Federal Rule of Civil Procedure 59(e) may toll the 30-day appeal
deadline. FED. R. APP. P. 4(a)(4). A Rule 59(e) motion must be filed no more than twenty-eight
(28) days after the entry of judgment, and this 28-day deadline cannot be extended.
The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: April 24, 2018
s/ J. PHIL GILBERT
District Judge
United States District Court

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