Order | Filed: September 09, 2026
| Entered: September 09, 2026
Harris v. McLean County, Illinois et al
Civil Rights: Other | Illinois Central
Order Dismissing Case
TEXT ORDER: On 08/18/2026 the Court entered an Order dismissing Counts 1, 2, 6, 7, 9, 10, 12-22, 24, 25, 27-30, 32-39, 40, 43, 45-48, 50-60, 63, 64, 66-68, and 71 of the Amended Complaint with prejudice, declining to excise supplemental jurisdiction over Counts 3, 4, 8, 11, 31, 49, 61, 62, 69, 70, and 7476 and dismissing them without prejudice, and dismissing Counts 5, 23, 26, 41, 44, 59, and 65 without prejudice and with leave to file a second amended complaint by 09/08/2026. (D. 28 ). The Court further warned Plaintiff that failure to file a second amended complaint in accordance with that Order would result in dismissal of Plaintiff's remaining claims with prejudice. To date, Plaintiff has not filed a second amended complaint and the time to do so has now passed. Accordingly, the dismissal of Counts 5, 23, 26, 41, 44, 59, and 65 are converted to a dismissal with prejudice. See Denney v. BorgWarner, Inc., No. 1:19-CV-04757-TWP-MKK, 2024 WL 4117194, at *4 (S.D. Ind. Sept. 6, 2024) (dismissing claim with prejudice after noting that "[d]istrict courts... often expressly provide plaintiffs whose complaints have been dismissed a set amount of time to replead, see Borelli v. City of Reading, 532 F.2d 950, 951 n.1 (3d Cir. 1976), and if they fail to take advantage of the opportunity, the dismissal is converted (automatically or otherwise) into a dismissal with prejudice."). This matter is now terminated. The Clerk is DIRECTED to enter judgment and close this case. Entered by Judge Michael M. Mihm on 09/09/2026. (DW)