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

DESMOND DARNELL TURNER, ) Y39591, ) ) Plaintiff, ) ) vs. ) Case No. 22-cv-2970-MAB1 ) WARDEN TIN, ) PONTIAC CORR. CENTER, ) ) Defendants. )

MEMORANDUM AND ORDER

BEATTY, United States Magistrate Judge: On April 5, 2023, the Court directed Plaintiff Desmond Darnell Turner to file an amended complaint by May 5, 2023, because his original complaint was insufficient to state a claim under 28 U.S.C. § 1915A. (Doc. 14). The Court clearly warned Plaintiff that if he failed to file an amended complaint, his case would be dismissed for failure to state a claim or to comply with a court order. (Doc. 14); see also Fed. R. Civ. P. 41(b); James v. McDonald’s Corp.,

(7th Cir. 2005) (under Rule 41(b) a court has authority to dismiss an action for failure to prosecute if a party does not provide a timely response to a court order). The Court has not received any correspondence from Plaintiff. For the reasons explained in the April 5, 2023, Order the Court finds that Plaintiff has failed to state a valid claim under any potential legal theory against the named Defendants. Thus,

1 This case was assigned to the undersigned for final disposition upon consent of the Plaintiff pursuant to

(c) (see Doc. 10), and by the Memorandum of Understanding between the Illinois Department of Corrections and the Court, see Administrative Order 259, dated March 9, 2020. his case is subject to dismissal under 28 U.S.C. § 1915A for failure to state a claim. Plaintiff’s case is now dismissed for failure to state a claim, and for failure to prosecute. The Clerk of Court is DIRECTED to close this case.

IT IS SO ORDERED. Dated: May 16, 2023 /s/ Mark A. Beatty MARK A. BEATTY United States Magistrate Judge