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Javier Luna v. Wexford Medical Staff

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


May 23, 2011

JAVIER LUNA,
PLAINTIFF,
v.
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:

#M-04122,

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


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