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govinfo:USCOURTS-ilsd-3_26-cv-00371-1

U.S. District Court for the Southern District of Illinois · 2026-06-15

· GavelSight synced 2026-09-06 03:51:02

IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF ILLINOIS 
 
STEVEN CALRDON, ) 
 ) 
 Plaintiff, ) 
 ) 
vs. ) 
 ) Case No. 26-cv-371-DWD 
LT. PIPER, ) 
LT. TOLIVER, ) 
C/O BROWN, ) 
 ) 
 Defendants. ) 
 
MEMORANDUM AND ORDER 
 
DUGAN, District Judge: 
On March 30, 2026, the Court received Plaintiff’s Complaint (Doc. 1), and it 
ordered him to pay the $405.00 filing fee or apply to proceed in forma pauperis (Doc. 3). 
On May 7, 2026, Plaintiff was notified that he still had an obligation to pay the fee or 
apply to proceed in forma pauperis, failing which this case would be dismissed for failure 
to prosecute. (Doc. 4). Plaintiff has not responded to these Orders and has not filed 
anything since filing the complaint. It appears that Plaintiff has simply abandoned this 
case, given his lack of communication with the Court. If a Plaintiff abandons a case or 
fails to follow a Court order, the case may be subjec t to dismissal. Fed. R. Civ. P. 41(b); 
James v. McDonald’s Corp., 417 F.3d 672, 681 (7th Cir. 2005) (under Rule 41(b) a court has 
authority to dismiss an action for failure to prosecute if a party does not provide a timely 
response to a court order). Page ID
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Given that Plaintiff has abandoned this case, the Court now dismisses this matter 
for failure to prosecute. This matter is dismissed with prejudice for Plaintiff’s failure to 
prosecute, however, this dismissal does not count as a strike under 28 U.S.C. § 1915(g). 
The Clerk is also DIRECTED to enter judgment and to CLOSE this case. 
Furthermore, despite the dismissal, Plaintiff remains obligated to pay the full filing 
fee of $405.00 for this action. 28 U.S.C. § 1915(b)(1). The agency having custody of the 
plaintiff is directed to remit the $405.00 filing fee from his prison trust fund account if 
such funds are available. If he does not have $405.00 in his account, the agency must send 
an initial payment of 20% of the current balance or the average balance during the past 
six months, whichever amount is higher. Thereafter, the agency shall begin forwarding 
monthly payments of 20% of the preceding month's income credited to Plaintiff's trust 
fund account (including all deposits to the inmate account from any source) until the 
statutory fee of $405.00 is paid in its entirety. The agency having custody of Plaintiff shall 
forward payments from Plaintiff's account to the Clerk of Court each time the Plaintiff's 
account exceeds $10.00 until the $405.00 filing fee is paid. Payments shall be mailed to: 
Clerk of the Court, United States District Court for the Southern District of Illinois. The 
Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at Lawrence 
Correctional Center. 
IT IS SO ORDERED. 
Dated: June 15, 2026 
 _________________________ 
 DAVID W. DUGAN 
 United States District Judge Page ID
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