Hollins v. Monti

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

DWAYNE HOLLINS, #K78282,

Plaintiff, Case No. 22-cv-01143-SPM v.

DANIEL MONTI, et al.,

Defendant.

MEMORANDUM AND ORDER

MCGLYNN, District Judge: Plaintiff Dwayne Hollins filed this civil action pursuant to 42 U.S.C. § 1983 for violations of his constitutional rights that occurred at Shawnee Correctional Center. The Complaint did not survive screening under 28 U.S.C. § 1915A and was dismissed without prejudice. (Doc. 13). The Court granted Hollins an opportunity to replead his claims in an amended complaint. He was directed to file a First Amended Complaint on or before August 5, 2022. On July 21, 2022, Hollins filed a motion requesting the status of his case. (Doc. 15). The Court again advised Hollins that an amended complaint was due August 5 and sent Hollins a copy of the docket sheet. (Doc. 16). Hollins missed the deadline. Over two months 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 state a claim, as stated in the Merit Review Order. (Doc. 13). This action is also dismissed due to Hollins’s failure to comply with an order of the Court 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). Hollins is ADVISED that his obligation to pay the filing fee for this action was incurred at the time the action was filed. Therefore, the filing fee of $350.00 remains due and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). If Hollins 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, he will be liable for the $505.00 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. Hollins 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). 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: October 24, 2022

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