Harmon v. USA

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHN S. HARMON, #51256-509, 	)
)
Plaintiff, 	)
)
vs. 	) 	Case No. 25-cv-01930-JPG
)
USA, 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
GILBERT, District Judge:
This civil case was opened when John S. Harmon filed a Motion for Return of Property in
Criminal Case No. 21-cr-40051-JPG on October 14, 2025. (Docs. 1 and 2). Plaintiff sought return
of personal files seized by the Government. Id. This case is subject to the Prison Litigation Reform
Act, which includes procedures for prepaying the filing fee (or filing an application to pay it in
installments) and preliminary merits review.
On October 30, 2025, the Court entered a Notice and Order requiring Plaintiff to either
prepay the $405.00 filing fee or file a Motion for Leave to Proceed in forma pauperis (IFP motion)
within 30 days (on or before December 1, 2025). 	The Court also entered a Notice requiring
Plaintiff to file a signed Consent/Non-Consent to Proceed Before Magistrate Judge Jurisdiction
Form within 21 days (on or before November 20, 2025). 	Plaintiff was warned that failure to
comply with these deadlines could result in sanctions that include dismissal. (Docs. 4 and 5).
Plaintiff missed the deadline for filing his Consent/Non-Consent, and the Court entered an
Order extending it by 7 days (to November 28, 2025). Plaintiff also missed the extended deadline.
In addition, he failed to prepay the full filing fee or file an IFP motion, and he did not request an
extension of any deadline.
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On December 3, 2025, the Court entered the following Notice of Impending Dismissal:
NOTICE OF IMPENDING DISMISSAL: On October 30, 2025, Plaintiff was ORDERED
to submit a signed Notice and Consent/Non-Consent to Proceed Before A Magistrate Judge
Jurisdiction Form: Pursuant to Administrative Order No. 257 within 21 days (Doc. 4) and
either pay the $405.00 filing fee or file a motion for leave to proceed in forma pauperis
(IFP motion) within 30 days (Doc. 5). He was warned that failure to do so would result in
sanctions that may include dismissal of the case. (Doc. 5). Both deadlines have expired,
and Plaintiff has not complied with the Court’s Orders or requested additional time to do
so. Plaintiff is WARNED that this case will be dismissed without prejudice for
noncompliance with the Court’s Orders at Docs. 4 and 5, if he does not submit the signed
Notice and Consent/Non-Consent and either prepay the full $405.00 filing fee or file an
IFP motion by DECEMBER 12, 2025. The Court DEFERS preliminary review of the
Complaint (Doc. 1) until Plaintiff complies with this Order.
(Doc. 7). Pursuant to this Order, Plaintiff was given one final opportunity to do the following by
December 12, 2025: (a) prepay the $405.00 filing fee or file an IFP motion; and (b) file a signed
Notice and Consent/Non-Consent to Proceed Before Magistrate Judge Jurisdiction Form. Id. He
was again warned that the case would be dismissed for noncompliance with the Court’s Orders at
Docs. 4, 5, and 7 after the deadline expired. Id. (citing FED. R. C IV. P. 41).
All deadlines have expired, including extended deadlines, and Plaintiff has taken no steps
to move this matter forward. 	To date, he has not paid the filing fee, filed an IFP motion, or
submitted a Consent/Non-Consent. He has also disregarded the notice of impending dismissal.
This action is therefore DISMISSED without prejudice for failure to comply with Orders
of this Court and for want of prosecution. F ED. R. C IV. P. 41(b); Ladien v. Astrachan, 128 F.3d
1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). 	This dismissal shall
NOT count as a “strike” under 28 U.S.C. § 1915(g).
Plaintiff’s obligation to pay the filing fee for this action was incurred at the time the case
was opened, so the 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). However, the Clerk’s Office will make no attempt to
collect filing fee payments from Plaintiff at this time.
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The Clerk’s Office is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: December 19, 2025
s/ J. Phil Gilbert
J. PHIL GILBERT
United States District Judge
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