Demonico v. Lashbrook

Opinion

RONALD DEMONICO,

Plaintiff,

v. Case No. 20-cv-00994-SPM

WARDEN LASHBROOK, et al.,

Defendants.

MEMORANDUM AND ORDER

MCGLYNN, District Judge: Plaintiff Ronald Demonico filed this civil action pursuant to 42 U.S.C. § 1983 for violations of his constitutional rights that occurred while he was incarcerated at Pinckneyville Correctional Center. The Complaint did not survive screening under 28 U.S.C. § 1915A and was dismissed without prejudice. (Doc. 11). The Court granted Demonico an opportunity to clarify his claims in an amended complaint. He was directed to file a First Amended Complaint on or before January 5, 2022. Additionally, Demonico was warned that the action would be dismissed with prejudice and that the dismissal would count as a “strike” under 28 U.S.C. § 1915(g) if he failed to file an amended complaint by the deadline. (Id.). Demonico missed the deadline. Over two weeks have passed since it expired, and he has not requested an extension or filed an amended complaint. The Court will not allow this matter to linger indefinitely. Accordingly, this action is DISMISSED with prejudice for failure to comply with an order of the Court (Doc. 11) and for failure to prosecute his claims. See 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). This dismissal counts as one of Demonico’s three allotted “strikes” within the meaning of Section 1915(g). If Demonic wishes to appeal this order, he must file a notice of appeal with this Court within thirty days of the entry of judgment. FED. R. APP. P. 4(a)(1)(A). If he does choose to appeal, 2008); Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir. 1999); Lucien, 133 F.3d at 467. Demonico must list each of the issues he intends to appeal in the notice of appeal and his motion for leave to appeal in forma pauperis. See FED. R. APP. P. 24(a)(1)(C). Moreover, if the appeal is found to be nonmeritorious, Demonico may also incur another “strike.” 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 judgment, and this 28-day deadline cannot be extended. The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly. IT IS SO ORDERED.

DATED: January 21, 2022

s/Stephen P. McGlynn STEPHEN P. MCGLYNN United States District Judge