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Jayson David Wing, Inmate #09096-027 v. Jennifer Braye

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


December 6, 2011

JAYSON DAVID WING, INMATE #09096-027 PLAINTIFF,
v.
JENNIFER BRAYE, DEFENDANT.

The opinion of the court was delivered by: Murphy, District Judge:

MEMORANDUM AND ORDER

This action came before the Court on Plaintiff's motion to proceed in forma pauperis (Doc. 2). On August 3, 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 2, 2011 (Doc. 8). This date has since passed and Plaintiff has not tendered the filing fee to this Court or filed a proper motion to proceed in forma pauperis. As a result, IT IS HEREBY ORDERED AND ADJUDGED that this action is DISMISSED without prejudice for failure to comply with an order of this Court. Fed.R.Civ.P.41(b); see 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, 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). All pending motions are DENIED as moot. The Clerk is DIRECTED to close this case.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20111206

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