Hamilton v. Kittle
Hamilton v. Kittle
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
DANIEL ROBERT HAMILTON, ) B26391, ) ) Plaintiff, ) ) CIVIL NO. 19-1069-NJR vs. ) ) BRANDON KITTLE, et al ) ) Defendants. ORDER OF DISMISSAL
ROSENSTENGEL, Chief Judge: On October 30, 2019, Hamilton’s motion for leave to proceed in form pauperis (“IFP”) was denied as he has “struck out” under
28 U.S.C. § 1915(g) and did not meet the requirements of the imminent danger exception (Doc. 5). Hamilton was ordered to pay the filing fee of $400.00 on or before November 13, 2019 and was warned that failure to comply would result in dismissal of the action.
Id.On November 18, 2019, Plaintiff was given an extension of time to pay the $400.00 filing fee on or before December 14, 2019 or face dismissal (Doc. 8). To date, Hamilton has failed to pay the filing fee. Therefore, this action is DISMISSED without prejudice for failure to comply with an Order of this Court. 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 IS SO ORDERED. DATED: January 2, 2020 s/ NANCY J. ROSENSTENGEL NANCY J. ROSENSTENGEL Chief U.S. District Judge
Reference
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