Opinion
CIVIL 24-cv-00005-JPG
05-20-2024
DE'ANGELO DON'VIRGIL WINSTON, #35437-044, Plaintiff, v. SCOTT SPURLOCK, MISTY ADKINS, ZACHERY SCHELLE, MARIE QUIN, K. LATHAM, TRACEY ACUFF, C/O ROBERSON, M. WILLIAMS, MICHEL REYNOLDS, CRIPE, WINDINGS and JOHN/JANE DOE 2, Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT U.S. DISTRICT JUDGE.
This case is now before the Court for case management purposes. Plaintiff filed his Complaint, along with a Motion for Leave to Proceed in forma pauperis (IFP motion) without prepaying fees or costs for this action. (Docs. 1 and 2). The Court denied the IFP motion because Plaintiff received three or more “strikes” for filing civil suits as a prisoner that were dismissed for failure to state a claim, and he was unable to satisfy 28 U.S.C. § 1915(g). (Doc. 15). Plaintiff was ordered to prepay the entire filing fee of $405.000 no later than May 3, 2024, if he intended to proceed with this action. He was warned that failure to do so by the deadline would result in dismissal of the action. FED. R. CIV. P. 41(b).
See Winston v. Edwards, et al., Case No. 20-cv-00566-NCC (E.D. Mo. dismissed Dec. 11, 2020); Winston v. Deekens, et al., Case No. 14-cv-00189-SPM (E.D. Mo. dismissed Feb. 17, 2014); Winston v. St. Louis City Justice Ctr., Case No. 08-cv-01476-TCM (E.D. Mo. dismissed Oct. 15, 2008).
To date, Plaintiff has failed to pay the filing fee for this action. He has not requested an extension of the deadline for doing so. In fact, the Court has received no communication from him for more than three months. The Court will not allow this matter to linger any longer. The action is DISMISSED without prejudice for Plaintiff's failure to comply with an Order (Doc. 15) of this 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).
The Clerk is DIRECTED to enter Judgment and close this case.
IT IS SO ORDERED.