Gibson v. Galloway et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KYAI GIBSON, B84263, )
)
Plaintiff, )
)
vs. )
) Case No. 25-cv-1364-DWD
DARREN GALLOWAY, )
JANE DOE, )
JOHN DOE, )
)
Defendants. )
MEMORANDUM AND ORDER
DUGAN, District Judge:
On September 29, 2025, the Court issued service in this case and set two deadlines
for Plaintiff. First, by October 20, 2025, Plaintiff was to file a notice containing identifying
information about John and Jane Doe so that the Warden can assist in identifying these
two defendants. Second, by October 29, 2025, Plaintiff was directed to pay his initial
partial fee of $101.01. Plaintiff has not accomplished either task in a timely fashion, nor
has he requested additional time. In fact, the Court has not received anything further
from Plaintiff since he filed his consent form on September 15, 2025. 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 subject 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).
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Given that Plaintiff has abandoned this case, the Court now finds it appropriate to
dismiss this matter for failure to prosecute. This matter is dismissed with prejudice for
Plaintiff’s failure to prosecute. The Clerk is also DIRECTED to enter judgment and to
CLOSE this case. Further efforts need not be undertaken to collect the fee.
IT IS SO ORDERED.
Dated: October 31, 2025
s/ David W. Dugan
DAVID W. DUGAN
United States District Judge
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