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Anthony Gay, Idoc # B62251 v. Marvin Powers

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


July 9, 2012

ANTHONY GAY, IDOC # B62251, PLAINTIFF,
v.
MARVIN POWERS, 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 Alter or Amend Judgment (Doc. 58). On June 14, 2012, Plaintiff was ordered to pay the $350.00 filing fee in this case not later than June 28, 2012 (Doc. 60). 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). The Clerk is DIRECTED to close this case.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20120709

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