Byrd v. Thompson
Byrd v. Thompson
Trial Court Opinion
THOMAS BYRD, #S09454,
Plaintiff, Case No. 20-cv-00809-SPM v.
WARDEN THOMPSON, et al.,
Defendants.
ORDER OF DISMISSAL
MCGLYNN, District Judge: On September 4, 2020, Byrd’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. 7). The Court also denied the request for a preliminary injunction because Byrd has not properly commenced this civil action by filing a complaint with the Court pursuant to Federal Rule of Civil Procedure 3. Byrd was ordered to pay the filing fee of $400.00 and submit a properly signed complaint on or before October 2, 2020, and was warned that failure to comply would result in dismissal of the action. (Id.). To date, Byrd has failed to pay the filing fee and file a signed complaint. 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 of Court is DIRECTED to enter judgment and close this case. IT IS SO ORDERED.
DATED: October 9, 2020
____s/Stephen P. McGlynn________ STEPHEN P. MCGLYNN United States District Judge
Reference
- Status
- Unknown