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Terry Dale Roy, Inmate #452066llb v. Belleville Police Department and St. Clair County Court

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


February 25, 2013

TERRY DALE ROY, INMATE #452066LLB, PLAINTIFF,
v.
BELLEVILLE POLICE DEPARTMENT AND ST. CLAIR COUNTY COURT, DEFENDANTS.

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

MEMORANDUM AND ORDER DISMISSING CASE

On January 16, 2013, Plaintiff was ordered to provide the Court with his current address no later than February 13, 2013 (Doc. 4). Plaintiff clearly was warned in that Order that failure to do so would result in dismissal of this case. The Notice of Impending Dismissal was mailed to Plaintiff at the address on file with the Clerk's Office in this action -- c/o St. Clair County Jail, 700 North 5th Street, Belleville, Illinois, 62220.

On January 24, 2013, the Order was returned to this Court as undeliverable (Doc. 5). The date to notify this Court of Plaintiff's change of address has passed, and Plaintiff has failed to do so. As a result, 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's Office is DIRECTED to close this case.

IT IS SO ORDERED.

J. Phil Gilbert United States District Judge

20130225

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