United States District Court, S.D. Illinois
FREDERICK H. WILLIAMS, #B80874, Plaintiff,
S. WAGGON, OFFICER STREETER, OFFICER PAJEAU, DARIN M. WELLS, SARAH JOHNSON, JEFF GRUPE, and SHERRY BENTON, Defendants.
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE.
Frederick Williams filed this civil rights action pursuant to
42 U.S.C. § 1983 in the United States District Court for
the Central District of Illinois on April 22, 2019. See
Williams v. Waggon, et al., No. 19-cv-02104-HAB (C.D.
Ill.) (Doc. 1). The Complaint did not survive screening under
28 U.S.C. § 1915A and was dismissed for failure to state
a claim on June 24, 2019. (Doc. 9). Plaintiff was granted
leave to file a First Amended Complaint on or before July 24,
2019, if he intended to proceed with the action.
(Id. at p. 2). He was warned that the entire action
would be dismissed if he failed to do so. (Id.).
filed an unsigned First Amended Complaint on July 25,
2019. (Doc. 10). His claims focused on
unconstitutional conditions of confinement at Vandalia
Correctional Center, a prison located in this federal
judicial district. (Id.). The Central District
transferred the case to this District on August 1, 2019.
(Doc. 11). On August 7, 2019, this Court entered an Order
requiring Plaintiff to sign and return the First Amended
Complaint to this Court if he still intended to proceed with
the action. (Doc. 15). He was warned that the First Amended
Complaint would be stricken and this action dismissed, if he
did not comply with the Order by August 22, 2019.
(Id.). Plaintiff was further warned that the
dismissal would be with prejudice and a “strike”
within the meaning of 28 U.S.C. § 1915(g) because his
original Complaint was dismissed for failure to state a claim
upon which relief may be granted. (Id.) (citing
date, the Court has not received a signed First Amended
Complaint from Plaintiff. At least a week has passed since
the deadline for filing it expired. Plaintiff has not
contacted the Court to request an extension. The Court will
not allow this matter to linger indefinitely. Accordingly,
the First Amended Complaint will be stricken, and this action
will be dismissed with prejudice for failure to comply with
the Court's Order (Doc. 15) to file a signed First
Amended Complaint and for failure to prosecute his claims.
See Fed. R. Civ. P. 41(b). Further, the dismissal
will count as one of Plaintiff's three allotted
“strikes” within the meaning of § 1915(g).
IS HEREBY ORDERED that the unsigned First Amended
Complaint is STRICKEN. This action is
DISMISSED with prejudice based on
Plaintiff's failure to comply with the Court's Order
(Doc. 15) to file a signed First Amended Complaint and to
prosecute his claims. See Fed. R. Civ. P. 41(b);
Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997);
Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994).
This dismissal counts as a “strike” within the
meaning of § 1915(g).
is ADVISED that his obligation to pay the
filing fee for this action was incurred at the time the
action was filed. Therefore, 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).
Plaintiff wishes to appeal this Order, he may file a notice
of appeal with this Court within thirty days of the entry of
judgment. Fed. R. App. 4(a)(1)(A). 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. 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, 133 F.3d at 467. He must list each of
the issues he intends to appeal in the notice of appeal.
Moreover, if the appeal is found to be nonmeritorious,
Plaintiff may also incur another “strike.” A
proper and 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). A Rule 59(e) motion must be filed no
more than twenty-eight (28) days after the entry of judgment,
and this 28-day deadline cannot be extended.
Clerk's Office is DIRECTED to close this
case and enter judgment accordingly.
IS SO ORDERED.
 The First Amended Complaint was
docketed as a “Motion for Leave to File Amended
Complaint.” (Doc. 10). However, this Court later
explained that no motion was necessary because Plaintiff was
previously granted leave to file the ...