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

ZACHARY M. THOMAS, ) ) Plaintiff, ) ) vs. ) Case No. 21-cv-1376-NJR ) ) CHESTER MENTAL HEALTH ) CENTER, ) ) Defendant. )

MEMORANDUM AND ORDER ROSENSTENGEL, Chief Judge: Plaintiff Zachary M. Thomas, who is currently detained at Will County Adult Detention Facility, brings this action pursuant to

for deprivations of his constitutional rights while at Chester Mental Health Center. On November 3, 2021, Thomas filed a Complaint (Doc. 1), which was dismissed without prejudice for failure to state a claim and for violation of Federal Rule of Civil Procedure 8 (Doc. 7). Thomas was granted leave to file an Amended Complaint by March 16, 2022 (Id. at p. 4). He was warned that failure to file an Amended Complaint would result in the dismissal of his case with prejudice (Id.). As of this date, Thomas has failed to file an Amended Complaint. The Court will not allow this matter to linger indefinitely. Accordingly, this action is DISMISSED with prejudice based on Thomas’s failure to comply with the Court’s Order to file a First Amended Complaint and failure to prosecute his claims (Doc. 7, p. 4). Fed. R. Civ. P. 41(b); Ladien v. Astrachan,

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

(7th Cir. 1994). This shall count as a “strike” for purposes of 28 U.S.C. 1915(g). If Thomas wishes to appeal this Order, he must file a notice of appeal with this Court within thirty days of the entry of judgment. Fed. R. App. 4(a)(1)(A). If Thomas does choose to appeal, he will be liable for the $505.00 appellate filing fee irrespective of the outcome of the appeal. See Fed. R. App. 3(e);

(e)(2); Ammons v. Gerlinger,

(7th Cir. 2008); Sloan v. Lesza,

(7th Cir. 1999). He must list each of the issues he intends to appeal in the notice of appeal and his motion for leave to appeal in forma pauperis. See Fed. R. App. P. 24(a)(1)(C). A proper and timely motion filed pursuant to Federal Rule of Civil Procedure 59(e) may toll the 30-day appeal deadline. Fed. R. App. P. 4(a)(4). A Rule 59(e) motion must be filed no more than twenty- eight (28) days after the entry of judgment, and this 28-day deadline cannot be extended. The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly. IT IS SO ORDERED. DATED: March 31, 2022 Tl effet! NANCY J. ROSENSTENGEL Chief U.S. District Judge