Johnson v. Bonnk et al

Filing 28

ORDER DISMISSING CASE without prejudice, for failure tocomply with an Order of this Court. This dismissal shall NOT count as one of Plaintiffs three allotted strikes under 28 U.S.C. § 1915(g). Signed by Judge J. Phil Gilbert on 10/1/2018. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
STEVEN E. JOHNSON,
Plaintiff,
vs.
NURSE BONNK/BONNIE, et al,
Defendants.

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Case No. 18-cv-1260-JPG-RJD

ORDER DISMISSING CASE
GILBERT, District Judge:
On September 4, 2018, Plaintiff was ordered to pay an initial partial filing fee of $4.54 no
later than September 18, 2018. (Doc. 23). Plaintiff was also ordered to either pay the remainder
of the $350 filing fee ($345.46) or file an updated motion for leave to proceed in forma pauperis
(“IFP”) by that same date. Id. Plaintiff was clearly warned in that Order that failure to do so
would result in dismissal of this case. The date to comply has passed, and Plaintiff has failed to
comply with that order. As a result, this action is DISMISSED without prejudice, for failure to
comply with an Order of this Court. FED. R. CIV. P. 41(b). This dismissal shall NOT count as
one of Plaintiff’s three allotted “strikes” under 28 U.S.C. § 1915(g). Plaintiff’s obligation to pay
the filing fee for this action was incurred at the time the action was filed, thus the filing fee of
$350 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.
IT IS SO ORDERED.
DATED: October 1, 2018
s/J. Phil Gilbert
United States District Judge
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