Williams, Jessie v. Pollard, William et al

Filing 7

ORDER that case is DISMISSED for plaintiff Jessie Williams's failure to state a claim upon which relief may be granted. The clerk of court is directed to enter judgment in favor of defendants and close this case. Signed by District Judge Barbara B. Crabb on 8/23/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JESSIE WILLIAMS,
ORDER
Plaintiff,
13-cv-395-bbc
v.
WILLIAM POLLARD and GREFF,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In an order dated July 23, 2013, I dismissed plaintiff Jessie Williams’s proposed
complaint because it violated Fed. R. Civ. P. 8, and gave him until August 13, 2013 to file
an amended complaint. I told plaintiff that if he failed to respond by the deadline, I would
dismiss this case for failure to state a claim upon which relief may be granted and issue a
strike in accordance with 28 U.S.C. § 1915(g). Paul v. Marberry, 658 F.3d 702, 704-06
(7th Cir. 2011) (court should give strike for failure to correct pleading that violates Rule 8).
It is well past the deadline and plaintiff has not responded to the court’s July 23
order. Accordingly, this case will be dismissed. However, since the July 23 order was
entered, plaintiff has received a third strike, which was issued in case 13-cv-290-bbc.
Plaintiff has now struck out under 28 U.S.C. § 1915(g) and cannot ask to proceed in forma
pauperis in any case except one in which he alleges that he is in imminent danger.

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Therefore, it is not necessary to issue a fourth strike.

ORDER
IT IS ORDERED that
1. This case is DISMISSED for plaintiff Jessie Williams’s failure to state a claim
upon which relief may be granted.
2. Plaintiff is obligated to pay the unpaid balance of his filing fee in monthly
payments as described in 28 U.S.C. § 1915(b)(2). The clerk of court is directed to send a
letter to the warden of plaintiff's institution informing the warden of the obligation under
Lucien v. DeTella, 141 F.3d 773 (7th Cir. 1998), to deduct payments from plaintiff's trust
fund account until the filing fee has been paid in full.
3. The clerk of court is directed to enter judgment in favor of defendants and close
this case.
Entered this 23d day of August, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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