Clifton v. Mifflin et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BENJAMIN E. CLIFTON,
Plaintiff,
v.
KELSEY SMITH, GREGORY LITTLE,
and CHRISTEL CROW,
Defendants.
Case No. 25-cv-1251-NJR
ORDER OF DISMISSAL
ROSENSTENGEL, District Judge:
Plaintiff Benjamin E. Clifton, who at the time he filed his Complaint was an inmate
of the Illinois Department of Corrections (“IDOC”) incarcerated at Menard Correctional
Center, brought this action for deprivations of his constitutional rights pursuant to
42 U.S.C. § 1983. On February 11, 2026, Defendants filed a motion to dismiss the case for
want of prosecution because they had learned in the process of serving a motion upon
Clifton at Menard that he was no longer in IDOC custody (Doc. 25, p. 1). The Court’s own
review of IDOC’s inmate locator website confirmed that Clifton was no longer in IDOC
custody, and his current whereabouts were unknown (Doc. 26). On February 12, 2026,
the Court entered a notice of impending dismissal (Doc. 26), directing Clifton to update
his address and indicate his intentions to pursue his claims or face dismissal of his claims
for failure to prosecute. Clifton had until February 26, 2026, to respond. As of this date,
Clifton has not responded to the Court’s Order.
Accordingly, this entire action shall be DISMISSED with prejudice for Clifton’s
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failure to comply with a Court Order and/or prosecute his claims. See F ED. R. C IV. P. 41(b).
Clifton is ADVISED that his obligation to pay the filing fee for this action was
incurred at the time the action was filed. Therefore, the filing fee remains due and
payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
If Clifton wishes to appeal this Order, he must file a notice of appeal with this
Court within 30 days of the entry of judgment. F ED. R. A PP . P. 4(a)(1)(A). If Clifton does
choose to appeal, he will be liable for the $605.00 appellate filing fee irrespective of the
outcome of the appeal. See F ED. R. A PP . P. 3(e); 28 U.S.C. § 1915(e)(2); Ammons v. Gerlinger,
547 F.3d 724, 725-26 (7th Cir. 2008); Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir. 1999);
Lucien, 133 F.3d at 467. He must list each of the issues he intends to appeal in the notice
of appeal, and a motion for leave to appeal in forma pauperis must set forth the issues he
plans to present on appeal. See F ED. R. A PP . P. 24(a)(1)(C). A proper and timely motion
filed pursuant to Federal Rule of Civil Procedure 59(e) may toll the 30-day appeal
deadline. F ED. R. A PP . P. 4(a)(4). A Rule 59(e) motion must be filed no more than 28 days
after the entry of judgment, and this 28-day deadline cannot be extended.
The Clerk of Court is DIRECTED to enter judgment and close the case.
IT IS SO ORDERED.
DATED: March 4, 2026
___________________________
NANCY J. ROSENSTENGEL
United States District Judge
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