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William Owen Spivey Ii v. C. Phelps

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


April 25, 2012

WILLIAM OWEN SPIVEY II, IDOC # K81482, PLAINTIFF,
v.
C. PHELPS, ET AL.,
DEFENDANTS.

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

MEMORANDUM AND ORDER

This action came before the Court on Plaintiff's motion to proceed in forma pauperis (Doc. 3). On March 29, 2012, Plaintiff was ordered to pay the $350.00 filing fee in this case not later than April 19, 2012 (Doc. 17). This date has since passed and Plaintiff has not tendered the filing fee in full to this Court. 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 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, 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.

J. Phil Gilbert United States District Judge

20120425

© 1992-2012 VersusLaw Inc.



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