IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS RODGER NUNLEY, #N20546, ) ) Plaintiff, ) ) vs. ) Case No. 19-cv-1085-NJR ) JOHN DOE,et al., ) ) Defendants. ) ORDER OF DISMISSAL ROSENSTENGEL,Chief Judge: Thiscase was openedin the Central District of Illinois onSeptember 30, 2019,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 October 4, 2019, this action was transferred to this Court (Doc. 3).On the same date, the Court entered a Notice and Orderadvising PlaintiffNunley of his obligation to pay the filing fee of $400.00 or to file an IFP Motion within thirty (30) days (i.e., on or before November 4, 2019) (Doc. 5). He was warned that failure to do so would result in dismissal of the action,and he was provided with a blank IFP Motion.Id.Nunleyhas been given several extensions of timeto pay the filing fee of $400.00 or to file an IFP Motion (seeDocs. 6, 8, 10, 12, and 19).His last deadline to comply was December 26, 2019 (Doc. 19). To date, Nunleyhas failed to pay the filing feeor file an IFP Motion.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,

(7thCir. 1997);Johnson v. Kamminga,

(7th Cir. 1994).Plaintiff’s obligation to pay the $400.00 filing fee for this action was incurred at the time the action was filed. See

(b)(1); Lucien v. Jockisch,

(7th Cir. 1998).Accordingly, the agency having custody of Nunleyis directed to remitthe $400.00 filing fee from his prison trust fund account if such funds are available. If he does not have $400.00 in his account, the agency must send an initial payment of 20% of the current balance or the average balance during the past six months, whichever amount is higher. Thereafter, the agency shall begin forwarding monthly payments of 20% of the preceding month’s income credited to Nunley’ s trust fund account (including all deposits to the inmate account from any source) until the statutory fee of $400.00 is paid in its entirety. The agency having custody of Nunley shall forward payments from his account to the Clerk of Court each time his account exceeds $10.00 until the $400.00 filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Menard Correctional Center upon entry of this Order. The Clerk is DIRECTED to close this case and enter judgment accordingly. IT IS SO ORDERED. DATED: January 15, 2020 te Mpeg? NANCY J. ROSENSTENGEL Chief U.S. District Judge