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Kevin Hill v. Michael P. Atchinson

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


August 23, 2012

KEVIN HILL, PLAINTIFF,
v.
MICHAEL P. ATCHINSON, DEFENDANT.

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

MEMORANDUM & ORDER DISMISSING CASE

Plaintiff Kevin Hill, who has been paroled from Menard Correctional Center, was ordered to provide the Court with his current address no later than August 21, 2012 (Doc. 7). The date to notify the Court of his new address has passed, and Plaintiff has failed to provide the Court his current address as he was ordered to do. As a result, this action is DISMISSED without prejudice for failure to comply with an Order of this Court and for failure to prosecute his case. 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). See also James v. McDonald's Corp. , 417 F.3d 672, 681 (7th Cir. 2005) (under Rule 41(b) a "district court has the authority . . . to [dismiss a case] for lack of prosecution").

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's Office is DIRECTED to close the case.

IT IS SO ORDERED.

G. Patrick Murphy United States District Judge

20120823

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