Reas-Mendez, Jose v. Boughton, Gary et al

Filing 17

ORDER dismissing this case for plaintiff Jose Reas-Mendez's failure to state a claim upon which relief may be granted. In accordance with 28 U.S.C. § 1915(g), Reas-Mendez is assessed a strike. The clerk of court is directed to close this case. Signed by District Judge William M. Conley on 6/13/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOSE A. REAS-MENDEZ,
Plaintiff,

ORDER

v.
Case No. 15-cv-746-wmc
GARY BOUGHTON, et al.
Defendants.

In an order dated May 23, 2017, the court dismissed plaintiff Jose Reas-Mendez
proposed complaint because it did not name proper defendants and did not provide sufficient
detail to state a claim. (Dkt. #16.) The court gave Reas-Mendez until June 2, 2017, to file
an amended complaint to correct the deficiencies described in the May 23 opinion. The
court further informed Reas-Mendez that if he failed to respond by the deadline, the court
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 Reas-Mendez has not responded to the court’s May 23
order. Accordingly, this case will be dismissed.
ORDER
IT IS ORDERED that:
1. This case is DISMISSED for plaintiff Jose Reas-Mendez’s failure to state a claim
upon which relief may be granted. In accordance with 28 U.S.C. § 1915(g), ReasMendez is assessed a strike.
2. Reas-Mendez 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
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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 close this case.
Entered this 13th day of June, 2017.
BY THE COURT:
/s/
________________________________
WILLIAM M. CONLEY
District Judge

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