Miles v. Doe 1 ( 2024 )

FOR THE SOUTHERN D ISTRICT OF ILLINOIS BILLY MILES, #B-75226, Plaintiff, Case No. 24-cv-01282-SPM v. JOHN DOE 1, et al., Defendants. ORDER OF DISMISSAL MCGLYNN, District Judge: On July 24, 2024, the motion for leave to proceed in forma pauperis filed by Plaintiff was denied. (Doc. 7). Plaintiff has “struck out” under 28 U.S.C. § 1915(g), and he did not meet the requirements of the imminent danger exception. Plaintiff was ordered to pay the filing fee of $405.00 on or before August 23, 2024, and was warned that failure to comply would result in dismissal of the action. Id. Plaintiff was later granted an extension, and the deadline for paying the filing fee was reset for September 13, 2024. (Doc. 8). To date, Plaintiff has failed to pay the filing fee. Therefore, this action is DISMISSED without prejudice for failure to comply with orders of this Court and for failure 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). Plaintiff 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 $405.00 remains due and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). The Clerk of Court is DIRECTED to enter judgment and close this case. IT IS SO ORDERED. DATED: September 24, 2024 ____s/Stephen P. McGlynn________ STEPHEN P. MCGLYNN