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

JOSEPH RYAN DIAZ, SR., #Y34021 ) ) Plaintiff, ) ) vs. ) Case No. 22-cv-1778-SMY ) SHAWNEE CORRECTIONS, et al, ) ) Defendants. )

NOTICE OF IMPENDING DISMISSAL

YANDLE, District Judge: This case was opened on August 4, 2022 without the payment of a filing fee or the filing of a Motion for Leave to Proceed Without Prepaying Fees or Costs (“IFP Motion”). That same day, 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. 2). On September 13, 2022 Plaintiff was given an additional 14 days to pay the filing fee or file a Motion to Proceed IFP (Doc. 5). To date, Plaintiff has failed to comply. 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 Shawnee Correctional Center upon entry of this Order. IT IS SO ORDERED. DATED: October 5, 2022

s/ Staci M. Yandle_____ STACI M. YANDLE United States District Judge