The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LENDELL WILLIAMS, )
#N83205, )
)
Plaintiff, )
) Case No. 19-cv-00423-SMY
vs. )
)
PINCKNEYVILLE CORRECTIONAL )
CENTER, )
SCOTT THOMPSON, )
WEXFORD, )
MYERS, )
C/O JOHN DOE 1, )
C/O JOHN DOE 2, )
C/O JOHN DOE 3, )
C/O JOHN DOE 4, )
CHRISTINE BROWN, and )
)
THOMAS LEHMAN,
)
)
Defendants.
ORDER
YANDLE, District Judge:
On August 16, 2019, the Clerk received notice from Pinckneyville Correctional Center that
Plaintiff Lendell Williams is now deceased. The letter has been construed as a suggestion of death.
(Doc. 8). Accordingly, on August 21, 2019 and pursuant to F.R.C.P. 25(a), the Court ordered that
a successor or representative of Plaintiff’s estate file a motion for substitution of parties within 90
days, and advised that the failure to do so would result in dismissal of this action with prejudice.
(Doc. 9). A copy of the Court’s Order and relevant forms were forwarded to “The Next of Kin of
Lendell Williams” at Plaintiff’s last address on file. No motion for substitution was filed within
the allotted time and no extension has been requested. Accordingly, this action is DISMISSED
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with prejudice pursuant to Rules 25(a) and 41(b) of the Federal Rules of Civil Procedure.
To appeal an order of the Court, a plaintiff must file a notice of appeal with this Court
within thirty days of the entry of judgment. FED. R. APP. P. 4(a)(1)(A). If a plaintiff does choose
to appeal, he or she will be liable for the $505.00 appellate filing fee irrespective of the outcome
of the appeal. See FED. R. APP. 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. The plaintiff must list each of the issues he or she intends to appeal in the notice of
appeal and a motion for leave to appeal in forma pauperis. See FED. R. APP. P. 24(a)(1)(C).
Moreover, if the appeal is found to be nonmeritorious, a plaintiff may also incur a “strike.” A
proper and timely motion filed pursuant to Federal Rule of Civil Procedure 59(e) may toll the 30-
day appeal deadline. FED. R. APP. P. 4(a)(4). A Rule 59(e) motion must be filed no more than
twenty-eight (28) days after the entry of judgment, and this 28-day deadline cannot be extended.
The Clerk of Court is DIRECTED to close this case and enter judgment accordingly.
IT IS SO ORDERED.
DATED: 11/25/2019
s/Staci M. Yandle __
STACI M. YANDLE
U.S. District Judge
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