IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
October 6, 2011
JOSHUA STEVEN FARNER, INMATE #020887, PLAINTIFF,
BENNIE VICK, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Reagan, District Judge:
MEMORANDUM AND ORDER
This action came before the Court on Plaintiff's motion to proceed in forma pauperis (Doc. 2). On August 18, 2011, Plaintiff was ordered to pay the filing fee of $350.00 or file a proper motion to proceed in forma pauperis supported by a certified copy of his prison trust fund account statement no later than September 19, 2011 (Doc. 11). That deadline passed several weeks ago, and Plaintiff has not tendered the filing fee to this Court or filed a proper in forma pauperis motion. Nor has he moved for additional time in which to do so.
Therefore, pursuant to Federal Rule of Civil Procedure 41(b), the Court hereby DISMISSES this action without prejudice for failure to comply with an order of this Court and failure to prosecute this case. See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994).
Plaintiff's obligation to pay the filing fee for this action was incurred at the time the action was filed. So 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). All pending motions are DENIED as moot.
The Clerk's Office shall close this case.
IT IS SO ORDERED.
Michael J. Reagan United States District Judge
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