Martin v. United States Penitentiary Marion et al

Filing 5

ORDER DISMISSING CASE without prejudice for failure to comply with an Order of this Court. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Marion United States Penitentiary upon entry of this Order. Signed by Judge Stephen P. McGlynn on 1/7/2022. (tjk)

Case 3:21-cv-01497-SPM Document 5 Filed 01/07/22 Page 1 of 2 Page ID #12

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
NICHOLAS MARTIN, #21562-040
Plaintiff,
vs.
UNITED STATES PENITENTIARY
MARION, et al
Defendants.

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Case No. 21-cv-1497-SPM

ORDER DISMISSING CASE
MCGLYNN, District Judge:
This case was opened on November 22, 2021 without the payment of a filing fee or the
filing of a Motion for Leave to Proceed Without Prepaying Fees or Costs (“IFP Motion”). On
November 29, 2021, Plaintiff was ordered to pay the filing fee of $402.00 or to file an IFP Motion
within thirty (30) days and was warned that failure to do so would result in dismissal of the case.
He was also provided with a blank IFP Motion. (Doc. 3). To date, Plaintiff has not filed for IFP
or paid the $402.00 filing fee. Accordingly, this action is DISMISSED without prejudice for
failure to comply with an Order of this Court. 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).
Plaintiff’s obligation to pay the $402.00 filing fee was incurred at the time the action was
filed. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
Therefore, the agency having custody of Plaintiff is DIRECTED to remit the $402.00 filing fee
from his prison trust fund account if such funds are available. If he does not have $402.00 in his
account, the agency must send an initial payment of 20% of the current balance or the average
balance during the past six months, whichever amount is higher. Thereafter, the agency shall begin

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Case 3:21-cv-01497-SPM Document 5 Filed 01/07/22 Page 2 of 2 Page ID #13

forwarding monthly payments of 20% of the preceding month’s income credited to Plaintiff’s trust
fund account (including all deposits to the inmate account from any source) until the statutory fee
of $402.00 is paid in its entirety.
The agency having custody of Plaintiff shall forward payments from his account to the
Clerk of Court each time his account exceeds $10.00 until the $402.00 filing fee is paid. Payments
shall be mailed to: Clerk of the Court, United States District Court for the Southern District of
Illinois. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the
Marion United States Penitentiary upon entry of this Order.
IT IS SO ORDERED.
DATED: January 7, 2021
s/ STEPHEN P. MCGLYNN
U.S. District Judge

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