Hall v. Godinez et al
| Michael Hall |
| Mark Spencer, Connie Casey, Jamie Simmons, Randy S. Pfister and S A Godinez |
| 1:2014cv01326 |
| August 15, 2014 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Livingston |
| Jonathan E. Hawley |
| James E. Shadid |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
10
MERIT REVIEW AND CASE MANAGEMENT ORDER entered by Chief Judge James E. Shadid on 10/6/14. IT IS THEREFORE ORDERED: 1) The text order granting the Plaintiff's motion to proceed in forma pauperis is vacated. See September 23, 2014 Text Order. The Plaintiff's motion to proceed in forma pauperis is denied.2) The Plaintiff's motion for leave to file an amended complaint is granted. 4 3) The Plaintiff's amended complaint is dismissed as frivolous pursuant to by 28 U.S.C. §19 15A. This dismissal also counts as another strike pursuant to 28 U.S.C.A. § 1915(g). The case is dismissed in its entirety with prejudice and all pending motions are denied as moot. 7 and 8 . 4) The clerk of the court is directed to provide a copy of this order finding the Plaintiff'samended complaint was frivolous to the Illinois Attorney General pursuant to 730 ILDC 5/3-6-3(d). 5) The Plaintiff is responsible for payment of the $400 filing fee in this case. The agency having custody of the Plaintiff is directed to remit the docketing fee of $400.00 from the Plaintiff's prison trust fund account if such funds are available. If the Plaintiff does nothave $400.00 in his trust fund account, the agency must sen d 20 percent of the current balance, or the average balance during the past six months, whichever amount is higher. Thereafter, the agency shall begin forwarding monthly payments from the plaintiff's trust fund account to the clerk of court each time the Plaintiff's account exceeds $10.00 until the statutory fee of $400.00 is paid in its entirety. The filing fee collected shall not exceed the statutory filing fee of $400.00. 6) The clerk of the court is directed to retur n unfiled all papers tendered by this Plaintiff until the Plaintiff has paid in full the outstanding fees in all civil actions he has filed in the Central District of Illinois Support Systems International, Inc. v. Mack, 45 F.3d 185 (7th Cir. 1995). The Plaintiff currently owes approximately $2,650 in filing fees in this district. This filing restriction does not extend to: a) a notice of appeal from this order; b) a filing of a petition of writ of habeas corpus; c) criminal or civil cases in which Michael Hall is a Defendant; and d) filings in his pending litigation, Hall v Prentice, Case No. 12-cv-1221, in which the Plaintiff is represented by counsel. The Plaintiff may seek a modification or recession of this order by filing a moti on no earlier than two years form the date of entry of this order. Plaintiff must include a copy of this order with any papers he submits to the court while this filing restriction is in place. 7) If the Plaintiff wishes to appeal this order, he may file a notice of appeal with this court within 30 days from the date of this order. Fed.R.App.P 4(a)(4). If the Plaintiff does chose to appeal, he will be liable for the $455.00 appellate filing fee irrespective of the outcome of the appeal. Se e 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 v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). Moreover, because Plaintiff h as "struck out," this Court will not grant him permission to proceed in forma pauperis on appeal. Finally, if the appeal is found to be nonmeritorious, Plaintiff may also incur another "strike." A timely motion filed pursuant to Federal Rule of CivilProcedure 59(e) may toll the 30-day appeal deadline. SEE FULL WRITTEN ORDER. (FDT, ilcd)
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