Burke v. Godinez

3:13-cv-00711 | S.D. Ill. | Sep 13, 2013

MURPHY, District Judge:

On August 14, 2013, Plaintiff was ordered to pay the full filing fee of $400.00 for this action no later than September 4, 2013 (Doc. 6). Plaintiff was clearly warned in that Order that failure to pay the full filing fee of $400.00 would result in dismissal of this case. The date to pay the full filing fee has passed, and Plaintiff has failed to do so. As a result, this action is DISMISSED without prejudice, for failure to comply with an Order of this Court. F ED . R. C IV . P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7 th Cir. 1997) ; Johnson v. Kamminga, 34 F.3d 466" date_filed="1994-09-30" court="7th Cir." case_name="Anthony Johnson v. Richard Kamminga, G. Brown, Lieutenant Dave Conover">34 F.3d 466 (7 th Cir. 1994).

This dismissal shall NOT count as one of Plaintiff’s three allotted “strikes” under 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 $400 remains due and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch , 133 F.3d 464" date_filed="1998-01-07" court="7th Cir." case_name="Rudolph Lucien v. Diane Jockisch">133 F.3d 464, 467 (7th Cir. 1998).

The Clerk’s Office is DIRECTED to close this case. Case 3:13-cv-00711-GPM Document 7 Filed 09/13/13 Page 2 of 2 Page ID #44


DATED: September 13, 2013

s/ G. Patrick Murphy


United States District Judge