Benton v. Reed et al
| Dorian Donae Benton |
| . Reed and Todd Boles |
| 2:2014cv02228 |
| September 18, 2014 |
| US District Court for the Central District of Illinois |
| Urbana Office |
| Knox |
| Jonathan E. Hawley |
| James E. Shadid |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
11
MERIT REVIEW OPINION ORDER entered by Chief Judge James E. Shadid on 1/6/15. IT IS THEREFORE ORDERED that: 1) The Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed.R. Civ. Proc. 12(b)(6) and 28 U.S.C. Section 1915A. This case is closed. All pending motions are denied as moot. 2) This dismissal shall count as one of the Plaintiff's three allotted strikes pursuant to 28 U.S.C. Section 1915(g). The clerk of the court is directed to record the Plaintiff's strike in the three-strike log. 3) Plaintiff must still pay the full docketing fee of $350 even though his case has been dismissed. The agency having custody of Plaintiff shall continue to make monthly payments to the Clerk of Court, as directe d in the Court's prior order. 4) If the Plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis MUST set forth the issues the Plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If the Plaintiff does choose to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal. (see full written merit review opinion).(VP, ilcd)
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