United States District Court, S.D. Illinois
NOTICE OF IMPENDING DISMISSAL
R. HERNDON JUDGE.
Joseph Wilkins filed this action pursuant to 42 U.S.C. §
1983 for injuries arising out of allegedly improper dental
care at Vandalia Correctional Center. (Doc. 1). In his
complaint, plaintiff seeks monetary damages and fees. (Doc.
1). At the time he filed this suit, plaintiff was no longer
December 9, 2016, this case was opened in the Southern
District of Illinois without payment of a filing fee or the
filing of a Motion and Affidavit to Proceed in District Court
Without Prepaying Fees or Costs (“IFP Motion”).
(Doc. 1) (Doc. 4). On December 9, 2016, the Clerk of Court
sent plaintiff a letter (Doc. 4) advising him that he must
prepay the filing fee of $400.00 or file an IFP Motion within
thirty (30) days (i.e., by January 9, 2017).
Plaintiff was clearly warned that failure to prepay the full
filing fee or file an IFP Motion by January 9, 2017, would
result in dismissal of this case. Id. Document 4 was
mailed to plaintiff at the address listed on the complaint
and on file with the Clerk's Office in this action at the
time - PO Box 377862, Chicago, IL 60637. Attached to this
letter was a form IFP Motion. On January 6, 2017, plaintiff
submitted 4 documents to the Court for filing, but none of
them addressed the filing fee or IFP status.
date, plaintiff has not paid the $400.00 filing fee for the
action or filed a properly completed IFP Motion. The Court
cannot allow this matter to linger indefinitely.
is hereby ORDERED to provide the Court with a filing fee of
$400.00 or a properly completed IFP Motion on or before
February 10, 2017. The Clerk is DIRECTED to send plaintiff
another form IFP motion.
is again ADVISED of his continuing obligation to keep the
Clerk and each opposing party informed of any change in his
address. The Court will not independently investigate
plaintiffs whereabouts. This shall be done in writing and not
later than 7 days after a transfer or other change in address
to comply with this Order shall result in dismissal of this
action for want of prosecution and/or for failure to comply
with a court order ...