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

ERIC S. SMITH, #M48251,

Plaintiff, Case No. 23-cv-03882-SPM v.

DEPARTMENT OF JUSTICE, et al.,

Defendants.

ORDER OF DISMISSAL

MCGLYNN, District Judge: On January 4, 2024, the motion for leave to proceed in forma pauperis filed by Plaintiff was denied. (Doc. 9). Plaintiff has “struck out” under

(g), and he did not meet the requirements of the imminent danger exception. Plaintiff was ordered to pay the filing fee of $405.00 on or before January 25, 2024, and was warned that failure to comply would result in dismissal of the action.

Plaintiff was later granted an extension, and the deadline for paying the filing fee was reset for February 8, 2024. (Doc. 11). To date, Plaintiff has failed to pay the filing fee. Therefore, this action is DISMISSED without prejudice for failure to comply with orders of this Court and for failure to prosecute his claims. See FED. R. CIV. P. 41(b); Ladien v. Astrachan,

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

(7th Cir. 1994). Plaintiff is ADVISED that his obligation to pay the filing fee for this action was incurred at the time the action was filed. Therefore, the filing fee of $405.00 remains due and payable. See

(b)(1); Lucien v. Jockisch,

(7th Cir. 1998). The Clerk of Court is DIRECTED to enter judgment and close this case. IT IS SO ORDERED.

DATED: April 17, 2024

____s/Stephen P. McGlynn________ STEPHEN P. MCGLYNN United States District Judge