United States District Court, C.D. Illinois
December 5, 2005.
KERRY L. BURKE, Plaintiff,
ROGER E. WALKER, et. al., Defendants.
The opinion of the court was delivered by: HAROLD BAKER, Senior District Judge
On December 18, 2003, the court advised the plaintiff that he
must complete and submit USM 285 and Summons forms for the
defendants by January 9, 2004. On February 17, 2004, in a minute
entry, the court noted that the plaintiff had not submitted the
completed forms. The court advised the plaintiff that if he fails
to comply with the court's December 18, 2003 order, within
fourteen days of the February 17, 2004 order, his case would be
summarily dismissed. As of today, the plaintiff has not submitted
the completed forms. As he has not complied with the court's
previous orders, the court reasonably assumes that the plaintiff
has lost an interest in pursuing his lawsuit.
It is therefore ordered:
1. 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 plaintiff's
lawsuit is dismissed in its entirety, without prejudice, for
failure to litigate his lawsuit. The case is terminated.
3. The plaintiff must still pay the full docketing fee of
$150.00 even though his case has been dismissed.
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
© 1992-2006 VersusLaw Inc.