JENNINGS v. ASHLEY, 17-200-JPG-SCW. (2017)
Court: District Court, S.D. Illinois
Number: infdco20170919925
Visitors: 11
Filed: Sep. 18, 2017
Latest Update: Sep. 18, 2017
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . On May 23, 2017, Plaintiff's motion to proceed in forma pauperis (Doc. 2) was granted and no initial partial filing fee was assessed (Doc. 13). Further, because Plaintiff was no longer detained or incarcerated, he was ordered to pay the full $350.00 filing fee or file an updated motion for leave to proceed in forma pauperis no later than June 6, 2017 (Doc. 13). Plaintiff was clearly warned in that Order that failure to pay the full
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . On May 23, 2017, Plaintiff's motion to proceed in forma pauperis (Doc. 2) was granted and no initial partial filing fee was assessed (Doc. 13). Further, because Plaintiff was no longer detained or incarcerated, he was ordered to pay the full $350.00 filing fee or file an updated motion for leave to proceed in forma pauperis no later than June 6, 2017 (Doc. 13). Plaintiff was clearly warned in that Order that failure to pay the full ..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
On May 23, 2017, Plaintiff's motion to proceed in forma pauperis (Doc. 2) was granted and no initial partial filing fee was assessed (Doc. 13). Further, because Plaintiff was no longer detained or incarcerated, he was ordered to pay the full $350.00 filing fee or file an updated motion for leave to proceed in forma pauperis no later than June 6, 2017 (Doc. 13). Plaintiff was clearly warned in that Order that failure to pay the full filing fee of $350.00 or file an updated motion to proceed in forma pauperis would result in dismissal of this case. The date to pay the full filing fee or file an updated motion for leave to proceed in forma pauperis has passed, and Plaintiff has failed to do either. 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). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). 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.
IT IS SO ORDERED.
Source: Leagle
