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

JOKARI MILLER, ) ) Plaintiff, ) ) vs. ) Case No. 21-cv-1390-DWD ) LIEUTENANT SIMON, ) ) Defendant. )

ORDER OF DISMISSAL

DUGAN, District Judge: On January 11, 2022, Plaintiff was ordered to pay an initial partial filing fee of $51.41 no later than January 26, 2022 (Doc. 11). Because he is no longer incarcerated, Plaintiff was also ordered to pay the remaining balance of the $350.00 filing fee or file an updated motion to proceed IFP with regard to the balance on or before January 26, 2022. Id. Plaintiff was warned that failure to comply would result in dismissal of this action. Id. To date, Plaintiff has not paid anything toward the $350.00 filing fee or filed an updated motion to proceed IFP. 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 $350.00 filing fee for this action was incurred at the time the action was filed. See

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

(7th Cir. 1998). The Clerk is DIRECTED to close this case. IT IS SO ORDERED. DATED: February 4, 2022 □ ‘ee 4 iV J David W. Dugan US. District Judge