Culwell v. Massac County Sheriffs Department
ORDER DISMISSING CASE with prejudice based on Plaintiff's failure to comply with the 13 Order to file a First Amended Complaint and prosecute his claims. See FED. R. CIV. P. 41(b). This dismissal counts as a "strike" within the meaning of 28 U.S.C. 1915(g). Signed by Judge J. Phil Gilbert on 9/9/2020. (jsy)
Case 3:20-cv-00501-JPG Document 14 Filed 09/09/20 Page 1 of 2 Page ID #36
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MATTHEW RYAN CULWELL,
MASSAC COUNTY SHERIFF’S
Case No. 20-cv-00501-JPG
MEMORANDUM AND ORDER
GILBERT, District Judge:
On June 1, 2020, Plaintiff Matthew Culwell filed this action pursuant to 42 U.S.C. § 1983
for unconstitutional conditions of confinement at Massac County Sheriff’s Department. (Doc. 1).
In the Complaint, Plaintiff claimed that he was injured when he fell from a broken bunk bed. The
Complaint did not survive screening under 28 U.S.C. § 1915A, and the Court dismissed it without
prejudice on August 5, 2020. (Doc. 13).
Plaintiff was granted leave to file a First Amended Complaint by September 2, 2020.
(Id. at 3). However, he was warned that the action would be dismissed with prejudice, if he failed
to do so by the deadline. (Id.). He was also warned that the dismissal would count as one of his
three allotted “strikes” under 28 U.S.C. § 1915(g). (Id.).
Plaintiff missed the deadline for filing the First Amended Complaint. A week has passed
since it expired, and he has not requested an extension. The Court will not allow this matter to
linger indefinitely. Accordingly, this action shall be dismissed with prejudice for failure to comply
with the Court’s Order (Doc. 13) to file a First Amended Complaint and/or to prosecute his claims.
Case 3:20-cv-00501-JPG Document 14 Filed 09/09/20 Page 2 of 2 Page ID #37
See FED. R. CIV. P. 41(b). The dismissal shall count as one of Plaintiff’s three allotted “strikes”
within the meaning of Section 1915(g).
IT IS HEREBY ORDERED that this action is DISMISSED with prejudice based on
Plaintiff’s failure to comply with the Court’s Order to file a First Amended Complaint (Doc. 13)
and prosecute his claims. 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). This dismissal counts as a “strike”
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)(1)(A). 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, 725-26 (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 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.
s/J. Phil Gilbert
J. PHIL GILBERT
United States District Judge
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