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Cosby v. Big Muddy River Correctional Center

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 17, 2007

ALLEN COSBY, INMATE #B36680, PLAINTIFF,
v.
BIG MUDDY RIVER CORRECTIONAL CENTER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Stiehl, District Judge

MEMORANDUM AND ORDER

Plaintiff, a prisoner proceeding pro se, filed a civil case pursuant to 42 U.S.C. § 1983. With the complaint, Plaintiff filed four pages of a trust fund account statement from the Big Muddy River Correctional Center reflecting the removal of monies from his trust fund account statement. The Court initially construed these pages as a motion to proceed in forma pauperis (Doc. 2). The Court, however, later determined that the pages should be treated as exhibits to the complaint rather than as a motion to proceed in forma pauperis. Consequently, on August 8, 2007, the Court entered an Order directing plaintiff to either pay the full $350 filing fee or submit a proper motion to proceed in forma pauperis within thirty days (Doc. 4). More than thirty days have passed and Plaintiff still has not either paid the full $350 filing fee or submitted a proper motion to proceed in forma pauperis. Therefore, the instant complaint will be dismissed, with prejudice, for failing to comply with the Court's Order. See Fed. R. Civ. P. 41(b).

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE

20071017

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