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govinfo:USCOURTS-ilsd-3_26-cv-00422-0

U.S. District Court for the Southern District of Illinois · 2026-06-08

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

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IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF ILLINOIS 
 
 
FREDERICK WARREN, 
 
 Plaintiff, 
 
v. 
 
C/O CARLYLE, et al., 
 
 Defendants. 
 
 
 
 

 
ORDER OF DISMISSAL 
 
MCGLYNN, District Judge: 
 Plaintiff Federick Warren commenced this action by filing a complaint on April 2, 2026. 
(Doc. 1). At the time of filing, Plaintiff also filed a Motion for Leave to Proceed in form pauperis 
(IFP Motion). (Doc. 2). Plaintiff’s IFP Motion was denied as he has “struck out” under 28 U.S.C. 
§1915(g) and did not meet the requirements of the imminent danger exception. (Doc. 5). Plaintiff 
was ordered to pay the filing fee of $405.00 on or before May 8, 2026, and was warned that failure 
to comply with the Court’s order would result in dismissal of the action. Id. Plaintiff missed the 
deadline, and so, the Court entered a Notice of Impending Dismissal. Plaintiff was given an 
extension, and he was instructed to pay the filing fee by May 28, 2026. (Doc. 11). The Court again 
warned Plaintiff that failure to do so would result in dismissal of this case. (Id.). 
To date, Plaintiff has not paid filling fee . Therefore, this action is DISMISSED without 
prejudice for failure to comply with an order of this Court . See F
ED. 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). All 
pending motions are DENIED as moot. (Doc. 10). 
Plaintiff is ADVISED that his obligation to pay the filing fee for this action was incurred Page ID
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at the time the action was filed , thus the filing fee of $405.00 remains due and payable . See 28 
U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). Therefore, the agency 
having custody of 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 his account to the 
Clerk of Court each time his 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 the 
Pinckneyville Correctional Center upon entry of this Order. 
The Clerk of Court is DIRECTED to enter judgment and close this case. 
IT IS SO ORDERED. 
 
DATED: June 8, 2026 
 
 
 
 STEPHEN P. MCGLYNN 
 United States District Judge Page ID
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