Wakefield v. Scoble

Opinion

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

ERIC L. WAKEFIELD, Y58277, ) ) Plaintiff, ) ) vs. ) Civil No. 24-cv-02150-SMY ) ANTHONY SCOBLE, et al., ) ) Defendants. ) MEMORANDUM AND ORDER

YANDLE, District Judge: This case is now before the Court for case management. On February 14, 2025, the Court determined that Plaintiff did not qualify for in forma pauperis (IFP) status under 28 U.S.C. § 1915(g). (Doc. 19). He “struck out” by filing 3 or more civil suits as a prisoner that were dismissed for being frivolous or malicious, failing to state a claim, or seeking damages from an immune defendant. He also alleged no imminent danger of serious physical injury necessary to overcome the three-strikes bar to litigation and proceed IFP. See 28 U.S.C. § 1915(g). As a result, Plaintiff was ordered to prepay the full $405.00 filing fee and file an amended complaint no later than March 19, 2025 and was warned that failure to do both would result in dismissal of this action with prejudice. Plaintiff did not comply with the order by the deadline. Although he filed an amended complaint, he still owes $363.46 for the filing fee and has not requested or received an extension to pay the balance. Accordingly, this case is DISMISSED with prejudice based on Plaintiff’s failure to comply with the court order (Doc. 19) to prepay his filing fee. See FED. R. CIV. P. 41(b); Ladien v. 1 Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Plaintiff’s obligation to pay the filing fee was incurred at the time it was filed, so the full fee of $405.00 remains due and payable (current balance $363.46). See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).

The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly. IT IS SO ORDERED. DATED: April 7, 2025 s/ Staci M. Yandle STACI M. YANDLE United States District Judge