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White v. Fenton

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


June 22, 2010

DARRYL WHITE, PLAINTIFF,
v.
MRS. FENTON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM AND ORDER

On April 14, 2010, the Court dismissed the complaint (Doc. 1) for failure to state a claim, giving Plaintiff 30 days to file a new complaint (see Doc. 10). Plaintiff later sought additional time to comply with that order, due to certain law library restrictions currently in place at Pinckneyville. His request was granted, and he was directed to file his new complaint by June 14, 2010.*fn1 The Court has received no further pleadings from Plaintiff in this action, and his deadline elapsed a week ago.

IT IS HEREBY ORDERED this action is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915A. Plaintiff is advised that the dismissal of this action will count as one of his three allotted "strikes" under the provisions of 28 U.S.C. § 1915(g).

IT IS SO ORDERED.

DavidRHerndon CHIEF JUDGE UNITED STATES DISTRICT COURT


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