Elliott v. Rickenberg
Elliott v. Rickenberg
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEVON MARCEL ELLIOTT, ) ) Plaintiff, ) ) vs. ) Case No. 21-cv-01429-SMY ) BRETT RICKENBERG, ) GAVIN HARTLEY, ) ZACH SWIFT, ) CPL STRATON, ) JOHN DOE, ) and JANE DOE, ) ) Defendants. )
MEMORANDUM AND ORDER
YANDLE, District Judge: Plaintiff Jevon Marcel Elliott filed this action pursuant to the Federal Tort Claims Act (FTCA),
28 U.S.C. §§ 1346, 2671-80, asserting claims against individual officers of the Murphysboro Police Department and Jackson County Jail for violations of his rights during his arrest and detention. (Doc. 1). The Complaint did not survive screening under 28 U.S.C. § 1915A, and it was dismissed without prejudice on February 13, 2023. (Doc. 12). Plaintiff was granted leave to file a First Amended Complaint no later than March 13, 2023, and was warned that failure to amend the complaint in compliance with the Court’s Order would result in dismissal of this action. (Doc. 12) (citing FED. R. CIV. P. 41(b)). Three weeks have now passed since the deadline expired and Plaintiff did not file a First Amended Complaint or request an extension of time to do so. The Court will not allow this matter to linger indefinitely. Accordingly, this case will be dismissed for failure to comply with the Court’s order to file a First Amended Complaint and/or prosecute his claims. See FED. R. CIV. P. 41(b); Ladien v. Astrachan,
128 F.3d 1051(7th Cir. 1997); Johnson v. Kamminga,
34 F.3d 466(7th Cir. 1994). Disposition For the foregoing reasons, this case is DISMISSED with prejudice. This dismissal counts as a “strike.”
28 U.S.C. § 1915(g). The Clerk’s Office is DIRECTED to close this case and enter
judgment accordingly. IT IS SO ORDERED. DATED: April 10, 2023 s/_Staci M. Yandle ___ STACI M. YANDLE United States District Judge
Reference
- Status
- Unknown