United States District Court, C.D. Illinois
December 2, 2005.
STEVEN M. LANGLEY, Plaintiff,
ILLINOIS DEPARTMENT OF CORRECTIONS, et al., Defendants.
The opinion of the court was delivered by: HAROLD BAKER, Senior District Judge
The plaintiff, Steven Langley, a state prisoner, has brought
this civil rights action pursuant to 42 U.S.C. § 1983. On June 2,
2004, Magistrate Judge David G. Bernthal ordered the plaintiff to
submit an initial partial filing fee of $1.65 by June 30, 2004 or
his the case would be dismissed. On September 7, 2004, the clerk
of the court mailed a copy of the docket sheet to the plaintiff.
The docket sheet contained Judge Bernthal's order directing the
plaintiff to submit the partial fee by June 30, 2004. It is well
past June 30, 2004. Although forewarned of the consequences, the
plaintiff has failed to submit the initial partial filing fee and
he has not requested a waiver of the payment.
IT IS THEREFORE ORDERED:
1. The plaintiff's petition for leave to proceed; in forma
pauperis is denied, d/e 1.
2. Pursuant to Fed.R.Civ.P. Rule 41(b), this case is
dismissed in its entirety, without prejudice, for failure to
comply with the court's June 30, 2004 order and failure to
litigate. The case is terminated.
3. The plaintiff must still pay the full docketing fee of
$150.00 even though his case has been dismissed. The agency
having custody of the plaintiff is directed to remit the
docketing fee of $150.00 from the plaintiff's prison trust fund
account if such funds are available. If the plaintiff does not
have $150.00 in his trust fund account, the agency must send 20
percent of the current balance, or the average balance during the
past six months, whichever amount is higher; thereafter, the
agency shall begin forwarding monthly payments from the
plaintiff's trust fund account to the clerk of court each time
the plaintiff's account exceeds $10.00 until the statutory fee of
$150.00 is paid in its entirety. The filing fee collected shall
not exceed the statutory filing fee of $150.00.
4. The plaintiff is ordered to notify the clerk of the court of
a change of address and phone number within seven days of such
change. 5. The clerk is directed to mail a copy of this order to the
plaintiff's place of confinement, to the attention of the Trust
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