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Colley v. Peoria County Jail

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION


May 13, 2010

JEREMY COLLEY, PLAINTIFF,
v.
PEORIA COUNTY JAIL, DEFENDANT.

The opinion of the court was delivered by: Joe Billy McDADE United States District Judge

OPINION & ORDER

On March 1, 2010, Plaintiff submitted his Complaint and a Motion to Proceed in forma pauperis. (Docs. 1 & 2). On March 2, 2010, after reviewing Plaintiff's Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court found that the Complaint was insufficient to state a claim upon which relief could be granted, and gave Plaintiff 21 days in which to submit an Amended Complaint. (Doc. 3). On April 6, 2010, the Court, having reviewed Plaintiff's Amended Complaint, determined that Plaintiff had again failed to allege sufficient facts to state a claim to relief, and permitted Plaintiff one more chance to submit a Second Amended Complaint giving some factual content to his allegations.*fn1 (Doc. 5). Plaintiff's Second Amended Complaint was due on April 28, 2010. On April 30, 2010, the Court noted that Plaintiff had failed to submit a Second Amended Complaint, and warned that failure to do so by May 7, 2010, the matter would be dismissed for failure to prosecute. (4/30/10 Text Order). Plaintiff has not submitted his Second Amended Complaint as of today's date.

IT IS THEREFORE ORDERED that this matter is DISMISSED WITH PREJUDICE for failure to prosecute.

CASE TERMINATED.

Entered this 13th day of April, 2010.


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