IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
December 11, 2009
LOUIS FASULLO, PLAINTIFF,
ILLINOIS DEPARTMENT OF CORRECTIONS, DEFENDANT.
The opinion of the court was delivered by: Gilbert, District Judge
MEMORANDUM AND ORDER
This matter is before the Court sua sponte. On October 28, 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. 5). Plaintiff was given 15 days within which to pay the full filing fee. Id. More than 15 days have passed and 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.
J. Phil Gilbert U. S. District Judge
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