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Kelley v. Jones

United States District Court, S.D. Illinois

May 2, 2014

JASON L. KELLEY, # B-83450, Plaintiff,
v.
DONALD JONES, and CHET SHAFFER, Defendants.

MEMORANDUM AND ORDER

MICHAEL J. REAGAN, District Judge.

This matter is before the Court for case management. Plaintiff filed this action while he was a state prisoner, and was subsequently paroled. He was ordered to provide the Court with his current address no later than April 16, 2014 (Doc. 10). Previously, Plaintiff had been notified that he is obligated to keep the Clerk of Court and each opposing party informed of any change in his address (Doc. 5). The deadline for Plaintiff to act has passed, and he has failed to respond. Therefore, this action is subject to dismissal.

IT IS HEREBY ORDERED that this action is DISMISSED without prejudice for failure to comply with an order of this Court. FED. R. CIV. P. 41(b); see generally James v. McDonald's Corp., 417 F.3d 672, 681 (7th Cir. 2005); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997).

The Clerk is DIRECTED to CLOSE THIS CASE and enter judgment accordingly.

This dismissal shall not count as one of Plaintiff's three 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). 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).

IT IS SO ORDERED.


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