IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

NICHOLAS MARTIN, #21562-040 ) ) Plaintiff, ) ) vs. ) Case No. 21-cv-1497-SPM ) UNITED STATES PENITENTIARY ) MARION, et al ) ) Defendants. )

ORDER DISMISSING CASE

MCGLYNN, District Judge: This case was opened on November 22, 2021 without the payment of a filing fee or the filing of a Motion for Leave to Proceed Without Prepaying Fees or Costs (“IFP Motion”). On November 29, 2021, Plaintiff was ordered to pay the filing fee of $402.00 or to file an IFP Motion within thirty (30) days and was warned that failure to do so would result in dismissal of the case. He was also provided with a blank IFP Motion. (Doc. 3). To date, Plaintiff has not filed for IFP or paid the $402.00 filing fee. Accordingly, 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,

(7th Cir. 1997); Johnson v. Kamminga,

(7th Cir. 1994). Plaintiff’s obligation to pay the $402.00 filing fee was incurred at the time the action was filed. See

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

(7th Cir. 1998). Therefore, the agency having custody of Plaintiff is DIRECTED to remit the $402.00 filing fee from his prison trust fund account if such funds are available. If he does not have $402.00 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 Plaintiff’s trust fund account (including all deposits to the inmate account from any source) until the statutory fee of $402.00 is paid in its entirety. The agency having custody of Plaintiff shall forward payments from his account to the

Clerk of Court each time his account exceeds $10.00 until the $402.00 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 Marion United States Penitentiary upon entry of this Order. IT IS SO ORDERED. DATED: January 7, 2021

s/ STEPHEN P. MCGLYNN U.S. District Judge