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Williams v. Hardy

United States District Court, S.D. Illinois

May 14, 2014

LEONARD WILLIAMS, No. R05138, Plaintiff,
v.
DR. PHIL MARTIN, J. FENOGLIO, S. GODINEZ, CINDY ANDERSON, TERRI ANDERSON, STATE OF ILLINOIS, WEXFIRD HEALTH SERVICES, and NURSE HARDY, Defendants.

MEMORANDUM AND ORDER

MICHAEL J. REAGAN, District Judge.

On January 30, 2014, Plaintiff Williams, an inmate in the custody of the Illinois Department of Corrections, housed at Lawrence Correctional Center, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 (Doc. 1). By Order datedMarch 4, 2014, the Court concluded that the complaint, as drafted, failed to state a colorable constitutional claim (Doc. 6).

Plaintiff was directed to file a complaint by April 3, 2014 (Doc. 6). He was forewarned that failure to file a proper complaint by the prescribed deadline would result in the dismissal of this action, that such a dismissal would count as one of his allotted "strikes" under the provisions of 28 U.S.C. § 1915(g), and that Plaintiff would remain obligated to pay the filing fee. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).

Plaintiff has not filed a complaint and the deadline for doing so has passed. It appears that Plaintiff has abandoned this action.

IT IS THEREFORE ORDERED that pursuant to Federal Rule of Civil Procedure 41(b), this action is DISMISSED with prejudice for failure to comply with a court order and failure to prosecute this action. Furthermore, this action is deemed frivolous for purposes of Section 1915(g); therefore Plaintiff will be allotted a STRIKE under the provisions of 28 U.S.C. § 1915(g). Judgment shall enter accordingly and this case will be closed.

IT IS FURTHER ORDERED that Plaintiff remains obligated to pay the filing fee. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).

IT IS SO ORDERED.


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