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Wilkerson v. Kim

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


June 22, 2009

DAVID WILKERSON, PLAINTIFF,
v.
CLEVY KIM, ET AL., DEFENDANTS.

The opinion of the court was delivered by: David R Herndon District Judge

MEMORANDUM AND ORDER

HERNDON, Chief Judge

This matter is before the Court sua sponte. On March 26, 2009, the Court denied Plaintiff's motion to proceed in forma pauperis finding that Plaintiff had accrued "3 strikes" prior to commencing this action under 28 U.S.C. § 1915(g) and was not in imminent danger of serious physical injury. See (Doc. 7). Plaintiff was given until June 17, 2009, to pay the full filing fee. See (Doc. 13). As of today, the Court still has not received Plaintiff's filing fee. Accordingly, this case is DISMISSED, with prejudice, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. See Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994).

IT IS SO ORDERED.

20090622

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