Davidson v. Baldwin

Filing 12

ORDER DISMISSING CASE with prejudice for failure to state a claim upon which relief may be granted and for failure to comply with an order of this Court. This dismissal shall 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 4/3/2018. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LANCE DAVIDSON,

Plaintiff,
vs.
JOHN BALDWIN
Defendant.

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Case No. 17-cv-01400-NJR

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
On December 29, 2017, Plaintiff filed a Complaint (Doc. 1) pursuant to 42 U.S.C. §
1983. In the Complaint, Plaintiff alleged that his outdate was improperly calculated, and sued
John Baldwin, the Director of the Illinois Department of Corrections. (Doc. 1). The Complaint
did not survive threshold review under 28 U.S.C. § 1915A because Plaintiff’s claims failed to
state a claim upon which relief could be granted. (Doc. 10). Accordingly, the Court dismissed
the Complaint on February 21, 2018. (Doc. 10). The dismissal specifically directed Plaintiff to
file an amended complaint no later than March 28, 2018. (Doc. 10). 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. The Court has also had mail sent to Plaintiff returned to it as
undeliverable. Plaintiff has not filed a Notice of Change of Address.
As a result, this case is DISMISSED with prejudice for failure to state a claim upon
which relief may be granted and for failure to comply with an order of this Court. FED. R. CIV.
P. 41(b); see generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v.

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Kamminga, 34 F.3d 466 (7th Cir. 1994). This dismissal shall count as one of Plaintiff’s three
allotted “strikes” within the meaning of 28 U.S.C. § 1915(g).
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: April 3, 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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