Davis v. Werlich
Davis v. Werlich
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS TRYMAINE DAVIS, 29052-009, ) Petitioner, vs. CIVIL NO. 19-976-NJR T. G. WERLICH, Respondent. ORDER OF DISMISSAL ROSENSTENGEL, Chief Judge: On September 5, 2019, this case was opened without the payment of a filing fee or the filing of a motion for leave to proceed in district court without prepaying fees or costs (“IFP Motion”). On the same date, the Court entered a Notice and Order advising Davis of his obligation to pay the filing fee of $5.00 or to file an IFP Motion within thirty (30) days (ie., on or before October 7, 2019) (Doc. 2). He was warned that failure to comply would result in dismissal of the action and was provided with a blank IFP Motion. /d. To date, Davis has failed to pay the filing fee or file an IFP Motion, and the Court has received no communication from him since September 5, 2019. Therefore, this action is DISMISSED without prejudice for Davis’s failure to comply with an Order of this Court and failure to prosecute. 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). The Clerk is DIRECTED to close this case. IT ISSO ORDERED. DATED: October 16, 2019 we hi tog? NANCY J. ROSENSTENGEL Chief U.S. District Judge
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