IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
May 23, 2011
WEXFORD MEDICAL STAFF, DR. OBADINA, WEXFORD MEDICAL STAFF NURSES, AND UNKNOWN PARTY C/O WING OFFICER, DEFENDANTS.
The opinion of the court was delivered by: Reagan, District Judge:
MEMORANDUM AND ORDER
This action comes before the Court upon review of the file. On March
14, 2011, this Court issued a Notice of Impending Dismissal (Doc. 13),
giving Plaintiff until April 1, 2011, to provide additional
information on unknown Defendants Wexford Medical Staff, Wexford
Medical Staff Nurses, and Unknown Party C/O Wing Officer, all named in
Count 1, in order to obtain service on these Defendants.*fn1
In a separate Notice of Impending Dismissal (Doc. 14),
Plaintiff was given until April 8, 2011, to provide additional
information on Defendant Dr. Obadina in order to obtain service on
him. Both Notices warned Plaintiff that failure to provide the
requested information would result in the dismissal of this case.
Plaintiff has not provided any further information to the Court on any of the above Defendants, and his deadlines have now passed.
Accordingly, the Court DISMISSES this action against Defendants Wexford Medical Staff, Dr. Obadina, Wexford Medical Staff Nurses, and Unknown Party C/O Wing Officer without prejudice, for Plaintiff's failure to prosecute. FED. R. CIV. P. 41(b).
This dismissal shall not count as one of Plaintiff's allotted "strikes" under 28 U.S.C. § 1915(g). Plaintiff's obligation to pay the filing fee for this action was incurred at the time the action was filed; thus, the filing fee of $350 remains due and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
The Clerk shall CLOSE THIS CASE.
IT IS SO ORDERED.
MICHAEL J. REAGAN United States District Judge