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Levy v. State of Illinois Dep't of Corrections

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


June 4, 2009

ENRICO LEVY, PLAINTIFF,
v.
STATE OF ILLINOIS DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter is before the Court sua sponte. On February 4, 2009, the Court denied Plaintiff's motion to proceed in forma pauperis after finding that Plaintiff has had three or more prior prisoner actions dismissed because each was frivolous, malicious, or failed to state a claim upon which relief may be granted. See (Doc. 9). The Court also found that Plaintiff was not under imminent danger of serious physical injury. Id. Plaintiff was directed to pay the $350 filing fee for this action within 15 days. On February 25, 2009, Plaintiff filed a notice of appeal (Doc. 11). On April 6, 2009, the Seventh Circuit Court of Appeals dismissed Plaintiff's appeal (Doc. 20). The Court has not received payment of the full $350 filing fee for this action. Accordingly, the instant case is DISMISSED, with prejudice, pursuant to Rule 41(b)for failing to pay the filing fee as previously ordered by this Court.

IT IS SO ORDERED.

David R. Herndon DISTRICT JUDGE

20090604

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