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John E. Goree, No. B-87848 v. Merle Justus

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


May 21, 2012

JOHN E. GOREE, NO. B-87848, PLAINTIFF,
v.
MERLE JUSTUS, ST. CLAIR COUNTY JAIL, AND MEDICAL STAFF ADMINISTRATORS, DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter is before the Court for case management. Plaintiff John E. Goree brought this civil rights action pursuant to 42 U.S.C. § 1983, seeking to recover damages for his exposure to tuberculosis during his pretrial detention in the St. Clair County Jail. Because Plaintiff was incarcerated in Logan Correctional Center at the time he filed this suit, the Court screened his claim pursuant to 28 U.S.C. § 1915A. On February 22, 2012, the case was dismissed without prejudice for failure to state a claim upon which relief may be granted (Doc. 11).

Plaintiff was given the opportunity to file an amended complaint, but was warned that if he failed to do so, the dismissal could become a dismissal with prejudice, and he would incur a strike. See 28 U.S.C. § 1915(g). At his request, Plaintiff's deadline to file the amended complaint was extended for two months until May 16, 2012 (Doc. 13). That deadline has now passed, and Plaintiff has failed to tender an amended complaint to the Court.

IT IS THEREFORE ORDERED that the dismissal of this action is now a dismissal WITH PREJUDICE. Further, this dismissal shall count as one of Plaintiff's allotted "strikes" under the provisions of 28 U.S.C. § 1915(g). The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.

MICHAEL J. REAGAN U.S. District Judge

20120521

© 1992-2012 VersusLaw Inc.



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