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Purifoy v. Kelley

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


May 28, 2009

MELVIN PURIFOY, MICHEAL BAKER, AND TIMOTHY RUSSELL, PLAINTIFFS,
v.
PATRICIA KELLEY, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM AND ORDER

Plaintiffs are all involuntarily committed to Chester Mental Health Center ("CMHC"), having been found unfit to stand trial. They filed this action jointly to challenge the adequacy of the law library at CMHC, but they have not paid the $350 filing fee for this action, and only Purifoy filed an individual motion to proceed in forma pauperis. The Court advised Plaintiffs of the pitfalls of multi-inmate litigation, giving each the opportunity to withdraw from this action. None of them responded to that order, but the mail sent to Russell and Purifoy was returned as undeliverable, and neither has submitted a change of address. To complicate matters further, the amended complaint (Doc. 9) is signed only by Larry M. Banks; he was a plaintiff in the original complaint, but he is not listed in the caption of the amended complaint.*fn1

IT IS HEREBY ORDERED that, within THIRTY (30) DAYS from the date of entry of this order, EACH PLAINTIFF (including Banks) shall advise the Court of his intention to pursue this case. If the Court does not receive a response from a plaintiff, that Plaintiff shall be dismissed from this action.

IT IS FURTHER ORDERED that, within THIRTY (30) DAYS from the date of entry of this order, if they wish to pursue this action, BANKS, RUSSELL and BAKER shall submit an in forma pauperis motion, accompanied by a copy of his prison trust fund account statement.

IT IS FURTHER ORDERED that if no Plaintiff responds to this order, this case will be closed 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). Each Plaintiff is ADVISED of his continuing obligation to keep the Clerk informed of any change in his whereabouts during the pendency of this action. This notification shall be done in writing and not later than seven (7) days after a transfer or other change in address occurs. Failure to provide such notification may result in dismissal of that Plaintiff from this action.

The Clerk is DIRECTED to send a copy of this order to ALL FOUR PLAINTIFFS.

IT IS SO ORDERED.

David R Herndon CHIEF JUDGE UNITED STATES DISTRICT COURT


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