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- ilnd;;1:20-cv-01199_de15 RegisterActionDate "2020-08-05" @default.
- ilnd;;1:20-cv-01199_de15 RegisterActionDescriptionText "ORDER By order dated February 28, 2020, the Court dismissed Plaintiff's 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 5 . At that time, the Court warned Plaintiff that failure to submit an amended complaint by March 20, 2020, would result in dismissal of this case for failure to state a claim. In addition to affording Plaintiff the extensions of time granted by General Order 20-0012 and its amendments, the Court also granted Plaintiff an extension of time to July 14, 2020, to comply with the Court's order 12 . Plaintiff, however, has not submitted an amended complaint to date. Accordingly, this case is dismissed with prejudice for failure to state a claim. See Dkt. 5 , February 28, 2020 Order (discussing deficiencies in Plaintiff's complaint). The dismissal of this case counts as a dismissal under 28 U.S.C. § 1915(g). Lomax v. Ortiz-Marquez, No. 18-8369, 2020 WL 3038282 (U.S. June 8, 2020); see also 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 Virginia M. Kendall on 8/5/2020: Mailed notice (ec, ) (Entered: 08/06/2020)" @default.
- ilnd;;1:20-cv-01199_de15 AdministrativeID "14" @default.
- ilnd;;1:20-cv-01199_de15 hasReferenceToOtherEntry ilnd;;1:20-cv-01199_de12 @default.
- ilnd;;1:20-cv-01199_de15 hasReferenceToOtherEntry ilnd;;1:20-cv-01199_de4 @default.