Stanley Boclaire v. Lt. Hicks, Officer Armbruster, Sheila Ramsey, John/Jane...

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS STANLEY BOCLAIR, #A60451, ) ) Plaintiff, ) ) vs. ) Case No. 24-cv-01924-SMY ) LT. HICKS, OFFICER ARMBRUSTER, ) SHEILA RAMSEY, JOHN/JANE DOES, ) ANTHONY WILLS, AND JOHN DOE, ) ) Defendants. ) MEMORANDUM AND ORDER YANDLE, Chief District Judge: This matter is before the Court for case management. Plaintiff was ordered to pay the remainder of his filing fee ($371.28) to avoid dismissal of this case, see Doc. 26. His payment deadline was April 24, 2026. Plaintiff was warned that failure to pay the fee by this deadline would result in dismissal of this action. Id. The deadline has passed, and he has not paid the fee.

Accordingly, the action is DISMISSED with prejudice for failure to comply with an Order of the Court. 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); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998) (dismissal for failure to prosecute is presumptively with prejudice). This dismissal shall NOT count as a “strike” under 28 U.S.C. § 1915(g).

If Plaintiff wishes to appeal this dismissal, his notice of appeal must be filed with this Court within thirty days of the entry of judgment. FED. R. APP. P. 4(a)(1)(A). A proper and timely motion filed pursuant to Federal Rule of Civil Procedure 59(e) may toll the 30-day appeal deadline.

FED. R. APP. P. 4(a)(4). A Rule 59(e) motion must be filed no more than twenty-eight (28) days after the entry of the judgment, and this 28-day deadline cannot be extended. A motion for leave to appeal in forma pauperis must set forth the issues Plaintiff plans to present on appeal. See FED. R. APP. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable for the $605.00 appellate filing fee irrespective of the outcome of the appeal. See FED. R. APP. P. 3(e); 28 U.S.C. § 1915(e)(2); Ammons v. Gerlinger, 547 F.3d 724, 725-26 (7th Cir. 2008); Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir. 1999); Lucien, 133 F.3d at 467.

The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly.

IT IS SO ORDERED.

DATED: May 4, 2026 s/ Staci M. Yandle_____ STACI M. YANDLE Chief U.S. District Judge