IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
April 19, 2010
JOSHUA JURCICH, PLAINTIFF,
MATT SPAELLER, 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. At the time he filed his pro se civil rights complaint pursuant to 42 U.S.C. § 1983 (Doc. 1) and his motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (Doc. 2), Plaintiff was confined at the Lawrence Correctional Center. After filing the complaint and the instant motion to proceed in forma pauperis, Plaintiff was released from confinement. Because he was detained at the time he filed these pleadings, this Court held that that the prisoner provisions of 28 U.S.C. § 1915 still apply. See Robbins v. Switzer, 104 F.3d 895, 897-98 (7th Cir. 1997).
Following the procedure detailed by the Seventh Circuit in Robbins, this Court calculated and assessed an initial partial filing fee of $12.07 based on Plaintiff's prisoner account information. See (Doc. 6). Plaintiff was ordered to pay the initial partial filing fee within 15 days. Id. Plaintiff was further ordered to pay the balance of the filing fee or to file a motion to proceed in forma pauperis with respect to it within 15 days. Id. Plaintiff was warned that the failure to comply with the Court's Order could result in the dismissal of his case. Id.
More than 15 days have passed and Plaintiff has not paid the initial partial filing fee. Furthermore, Plaintiff has neither paid the balance of the filing fee nor submitted a proper motion to proceed in forma pauperis with respect to that amount. Plaintiff has not explained why he has failed to comply with this Court's prior order or sought additional time to comply with it. Therefore, IT IS HEREBY ORDERED that this case is DISMISSED with prejudice for failure to comply with an order of this Court. FED.R.CIV.P. 41(b); Robbins, 104 F.3d at 899; see also Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). All pending motions are DENIED as moot.
IT IS SO ORDERED.
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