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- ilnd;;1:19-cv-00932_de17 RegisterActionDate "2019-10-08" @default.
- ilnd;;1:19-cv-00932_de17 RegisterActionDescriptionText "ORDER: By order dated August 6, 2019, the Court dismissed Plaintiff's amended complaint because it failed to state a claim on which relief could be granted but allowed Plaintiff leave to amend his pleading if he believed he could state a valid federal claim 13 . At that time, the Court warned Plaintiff that failure to submit a second amended complaint by September 20, 2019, would result in dismissal of this case. Plaintiff has not submitted a second amended complaint to date. Accordingly, this case is dismissed with prejudice for failure to state a claim. The dismissal of this case counts as a dismissal under 28 U.S.C. § 1915(g). See Paul v. Marberry, 658 F.3d 702, 704-05 (7th Cir. 2011). If Plaintiff accumulates three dismissals under § 1915(g), he will not be able to file an action in federal court (except as a petition for habeas corpus relief) without prepaying the filing fee unless he demonstrates that he is in imminent danger of serious physical injury. See § 1915(g). If Plaintiff wants to appeal this dismissal, he may file a notice of appeal in this Court within thirty days of the entry of judgment. Fed. R. App. P. 4(a)(1)(A). If Plaintiff chooses to appeal, he will be responsible for paying the $505 appellate filing fee irrespective of the outcome of the appeal. Evans v. Ill. Dep't of Corr., 150 F.3d 810, 812 (7th Cir. 1998). If the appeal is found to be non-meritorious, Plaintiff may accumulate another strike under 28 U.S.C. § 1915(g). The Court directs the Clerk of Court to terminate all pending motions as moot and enter final judgment. Case closed. Signed by the Honorable Sharon Johnson Coleman on 10/8/2019. Mailed notice.(ym, ) (Entered: 10/08/2019)" @default.
- ilnd;;1:19-cv-00932_de17 AdministrativeID "15" @default.
- ilnd;;1:19-cv-00932_de17 hasReferenceToOtherEntry ilnd;;1:19-cv-00932_de14 @default.