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Troy D. Whitmore, A/K/A Don Gregerson v. S.A. Godinaz

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


September 12, 2012

TROY D. WHITMORE, A/K/A DON GREGERSON, PLAINTIFF,
v.
S.A. GODINAZ, RANDY DAVIS, DINTELMAN, GAETZ, SARAH JOHNSON, KIMBERLY BUTLER, BRADLEY, K DEEN, OFFICER JOHNSON, FURLOW, AND PICKERING, DEFENDANTS.

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

ORDER

In May 2012, Troy D. Whitmore (also known as Don Gregerson) filed this suit pursuant to 42 U.S.C. § 1983. In his Complaint, the plaintiff alleges that the defendants - all administration officials in the Illinois Department of Corrections (IDOC) or employees at Pinckneyville Correctional Center - violated his rights under the Eighth and Fourteenth Amendments to the U.S. Constitution. The plaintiff was incarcerated at Pinckneyville when he filed suit.

In early August 2012, the Court sent Mr. Whitmore a letter pertaining to this action, but the letter was returned as undeliverable because Whitmore was no longer at Pinckneyville. (Doc. 7). Plaintiff, who is under a continuing obligation to keep the Clerk and all parties informed of any changes in his address, was ordered to provide the Court with his current address or else face the dismissal of this action. (Doc. 8). Plaintiff was given until September 11, 2012, to provide his current location to the Court. (Doc. 8).

That date has passed and Whitmore has failed to provide his current address. As a result, this action is DISMISSED without prejudice 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.

MICHAEL J. REAGAN United States District Judge

20120912

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