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Spivey v. Horner

United States District Court, Seventh Circuit

May 1, 2013

WILLIAM OWEN SPIVEY, K81482 Plaintiff,
v.
HOWARD SCOTT HORNER, Defendant.

MEMORANDUM AND ORDER

G. PATRICK MURPHY, District Judge.

On April 2, 2013, Plaintiff was ordered to pay the full filing fee of $350.00 for this action no later than April 23, 2013 (Doc. 15). Plaintiff was clearly warned in that Order that failure to pay the full filing fee of $350.00 would result in dismissal of this case. The date to pay the full filing fee 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). This dismissal shall not count as one of Plaintiff's three allotted "strikes" under 28 U.S.C. § 1915(g). 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 this case.

IT IS SO ORDERED.


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