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Russ v. Bittle

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


April 26, 2010

CARL D. RUSS, PLAINTIFF,
v.
TODD BITTLE, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter is before the Court sua sponte. On October 14, 2009, the Clerk of Court received a § 1983 civil rights complaint submitted by Plaintiff, an inmate at the Shawnee Correctional Center, seeking relief against the prosecuting attorney in his criminal case, his court-appointed attorney, and the Illinois Department of Children and Family Services (DCFS). Plaintiff, however, did not submit either the required $350 filing fee or a motion to proceed in forma pauperis. On that same date -and acting pursuant to Plaintiff's request - the Clerk of Court mailed Plaintiff a form motion to proceed in forma pauperis. Further, Plaintiff was warned that if he failed to pay the full filing fee or submit a proper motion to proceed in forma pauperis his complaint would be dismissed. More than six months have passed since Plaintiff was instructed to pay the filing fee or submit a motion to proceed in forma pauperis, but Plaintiff has still not submitted either.

Accordingly, this complaint is DISMISSED without prejudice due to Plaintiff's failure to either pay the full filing fee or to submit a motion to proceed in forma pauperis as previously instructed. The Clerk of Court is DIRECTED TO CLOSE THIS CASE. All pending motions are DENIED as moot.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20100426

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