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Fasullo v. Fasullo

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


March 19, 2010

LOUIS FASULLO, PLAINTIFF,
v.
CAROLINA FASULLO, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff's motions for a hearing and for a declaration of rights (Doc. 10). On March 2, 2009, the Court issued a Memorandum and Order (Doc. 6) denying Plaintiff's motion to proceed in forma pauperis status because he had accumulated "3 strikes" under 28 U.S.C. § 1915(g) prior to commencing this action. The Court ordered Plaintiff to pay the full $350 filing fee within 15 days. Plaintiff was warned that if he did not pay the full filing fee within the time allotted, then his case would be closed for failure to pay the filing fee and for failing to comply with an order of this Court. More than 15 days passed and Plaintiff had not paid the full filing fee as directed. Accordingly, the instant action was dismissed with prejudice for failing to comply with this Court's Order. Fed. R. Civ. P. 41(b). There is no matter currently pending before the Court. Therefore, both Plaintiff's motion for a hearing and his motion for a declaration of rights (Doc. 10) are DENIED.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20100319

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