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- ilcd;;1:16-cv-01161_de62 RegisterActionDate "2018-02-01" @default.
- ilcd;;1:16-cv-01161_de62 RegisterActionDescriptionText "TEXT ONLY ORDER entered by Judge Joe Billy McDade on 2/1/2018. On 9/13/17, Defendants filed a Motion to Dismiss 42 asserting that Plaintiff failed to provide an updated address after he was paroled on 7/7/17. Defendants had sent Plaintiff discovery which was returned as undeliverable, prejudicing their defense. The Court entered an order on 12/6/17, advising Plaintiff that his case would be dismissed if he did not provide his contact information within 14 days. Plaintiff responded, filing his address but did not provide a contact phone number and did not respond to Defendants motion. Defendants now file 46 , renewing their motion to dismiss. They assert that, as Plaintiff waited 164 days after being paroled to update his address, the case should be dismissed for his failure to follow the Courts 12/6/16 and 8/16/17 orders. They also request a stay of discovery pending the resolution of the renewed motion to dismiss. Plaintiff, despite notice, has not filed a response. Accordingly, Defendants unopposed Motions to Dismiss 42 and 46 , are GRANTED. This case is DISMISSED with prejudice for Plaintiffs failure to prosecute and failure to follow the Courts orders. Fed.R.Civ.P. 41(b). Plaintiff must still pay the full docketing fee of $350 even though his case has been dismissed. If the Plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis should set forth the issues the Plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If the Plaintiff does choose to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal.(RK, ilcd) (Entered: 02/01/2018)" @default.
- ilcd;;1:16-cv-01161_de62 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01161_de62 hasReferenceToOtherEntry ilcd;;1:16-cv-01161_de55 @default.
- ilcd;;1:16-cv-01161_de62 hasReferenceToOtherEntry ilcd;;1:16-cv-01161_de60 @default.