Walker v. Gramley et al
Johnny David Walker, Jr |
Zeir, Louis Lowery, Richard . Gramley, . Householder and K E Green |
1:2014cv01292 |
July 21, 2014 |
US District Court for the Central District of Illinois |
Peoria Office |
Livingston |
Sara Darrow |
Jonathan E. Hawley |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 12 MERIT REVIEW OPINION Entered by Judge Harold A. Baker on 09/19/2014. Plaintiff Johnny D. Walker, Jr.s Complaint is dismissed because it is barred by the United States Supreme Courts holding in Heck v. Humphrey, 512 U.S. at 477 (1994), and in Edwards v. Balisok, 520 U.S. 641 (1997). Any further amendment to the Complaint would be futile because Plaintiffs claim is not cognizable. If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal with this Court within thirty (30) da ys of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis should set forth the issues he plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff chooses to appeal, he will be liable for the $505.00 appellate filing fee regardless of the outcome of the appeal. This case is, therefore, closed, and the clerk is directed to enter a judgment pursuant to Federal Rule of Civil Procedure 58. All pending motions are DENIED as moot.(LN, ilcd) |
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