United States District Court, S.D. Illinois
April 17, 2014
HOSIE BURGESS, JR., # 71713, Plaintiff,
JARRETT FORD, Defendant.
MEMORANDUM AND ORDER
MICHAEL J. REAGAN, District Judge.
On February 12, 2014, the Court dismissed Plaintiff's complaint pursuant to 28 U.S.C. § 1915A (Doc. 7). Further, Plaintiff was ordered to submit an amended complaint no later than March 19, 2014, if he wished to pursue his claim in Count 2 over the conditions of his confinement. He was advised that failure to file an amended complaint would result in the dismissal of this action with prejudice.
Plaintiff's deadline to submit an amended complaint has passed, and he has not filed an amended pleading.
IT IS THEREFORE ORDERED that this action is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915A. All pending motions are DENIED AS MOOT.
Plaintiff is ADVISED that this dismissal shall count as one of his allotted "strikes" under the provisions of 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 $350.00 remains due and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
If Plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this Court within thirty days of the entry of judgment. FED. R. APP. P. 4(a)(1)(A). A motion for leave to appeal in forma pauperis should set forth the issues Plaintiff plans to present on appeal. See FED. R. APP. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable for the $505.00 appellate filing fee irrespective of the outcome of the appeal. See FED. R. APP. P. 3(e); 28 U.S.C. § 1915(e)(2); Ammons v. Gerlinger, 547 F.3d 724, 725-26 (7th Cir. 2008); Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir. 1999); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). Moreover, if the appeal is found to be nonmeritorious, Plaintiff may also incur another "strike." A timely motion filed pursuant to Federal Rule of Civil Procedure 59(e) may toll the 30-day appeal deadline. FED. R. APP. P. 4(a)(4).
The Clerk is DIRECTED to CLOSE THIS CASE and enter judgment accordingly.
IT IS SO ORDERED.