Smego et al v. Phillips et al
| Richard M Smego, Jeremy Schloss, Donnie Barrett, Michael W Lewis and Eugene Brown |
| Larry J Phillips, Eugene McAdory, Michelle R B Saddler and Any and all other unnamed and/or unknown persons discovered through the course of discovery to have participated in the violations complained of herein |
| 3:2010cv03240 |
| September 16, 2010 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| Schuyler |
| Harold A. Baker |
| Charles H. Evans |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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| Document Text |
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Filing
60
OPINION (See Written Opinion): 1) Plaintiff's motion for reconsideration of the Court's dismissal of this case for failure to state a claim is denied (d/e 54 ). 2) The Court has reviewed Plaintiffs' memorandum in support of their in f orma pauperis appeal. For the reasons stated in this order and in the Court's 12/9/11 order, the Court cannot discern a good faith basis for appeal. Accordingly, the court certifies pursuant to 28 U.S.C. § 1915(a)(3) that Plaintiffs' petition to appeal in forma pauperis is not in good faith. The petition is denied (d/e 56 ). If Plaintiffs wish to contest this court's finding, they must renew their petition to proceed in forma pauperis with the Court of Appeals within 30 days after service of this order. See Fed.R.App.P. 24(a). The clerk is directed to send a copy of this order to the Seventh Circuit Court of Appeals. Entered by Judge Sue E. Myerscough on 10/23/2012. (VM, ilcd)
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Filing
48
OPINION entered by Judge Sue E. Myerscough on 12/9/2011. SEE WRITTEN OPINION. (1) Plaintiff's Motion for Reconsideration 40 is granted to the extent the Court revisited their Complaint. Pursuant to Fed. R. Civ. P. 12(b)(6), Plaintiffs' c omplaint is dismissed, in its entirety, with prejudice for failure to state a federal claim. (2) The Clerk of the Court is directed to attach a copy of Exhibit 1, that can be found attached to the Complaint 1 in case number 11-CV-3337, Schloss, et al., v. Ashby, et al., to this order. (3) The hearing scheduled for December 12, 2011, is cancelled as unnecessary. (DM, ilcd)
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