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

MICHAEL K. DELICH, #N84043, ) ) Plaintiff, ) ) vs. ) Case No. 3:22-cv-02143-MAB ) K. HVARRE, ) LIEUTENANT MASON, ) C/O BRUCE, ) and M. MILLER, ) ) Defendants. )

MEMORANDUM AND ORDER

BEATTY, Magistrate Judge: Plaintiff Michael Delich filed this action pursuant to

for alleged deprivations of his constitutional rights at Big Muddy River Correctional Center. (Doc. 1). The Complaint included no statement of claim and no request for relief, so it did not survive screening under 28 U.S.C. § 1915A. (Doc. 8). The Court dismissed the Complaint without prejudice on January 26, 2023. Id. Plaintiff was granted leave to file a First Amended Complaint on or before March 2, 2023, if he intended to proceed with any claims in this case. Id. The Court warned him that failure to do so by this deadline would result in dismissal of the action: If Plaintiff fails to file his First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the case will be dismissed without prejudice for failure to comply with a court order and for failure to prosecute his claims.

(See Doc. 8, p. 3). Plaintiff failed to file a First Amended Complaint by March 2, 2023. Two weeks have now passed since this deadline expired, and he has not requested an extension. The Court will not allow this matter to linger indefinitely. The action shall be dismissed without prejudice based on Plaintiff’s failure to file an amended complaint and

prosecute his claims. See FED. R. CIV. P. 41(b). DISPOSITION This action is DISMISSED without prejudice based on Plaintiff’s failure to comply with the Court’s Order (Doc. 8) to file a First Amended Complaint and his failure to prosecute his claims. See FED. R. CIV. P. 41(b); Ladien v. Astrachan,

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

(7th Cir. 1994).

The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly. IT IS SO ORDERED. DATED: March 16, 2023 /s/ Mark A. Beatty MARK A. BEATTY United States Magistrate Judge