Holmes v. Williamson et al
| Larry M Holmes |
| Neil Williamson, Jim Minor, William Strayer, Terry Durr, Scott Loftus and Gregory Clemonds |
| 3:2011cv03308 |
| August 15, 2011 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| Sangamon |
| Byron G. Cudmore |
| Sue E. Myerscough |
| Civil Rights |
| 18 U.S.C. ยง 1961 |
| Plaintiff |
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Filing
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OPINION (See Written Opinion): IT IS THEREFORE ORDERED: 1. Plaintiff's complaint is dismissed with prejudice for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. This case is closed. 2. This dismissal s hall count as one of Plaintiff's three "strikes" pursuant to 28 U.S.C. § 1915(g). The Clerk of the Court is directed to record Plaintiff's strike in the three-strike log.3.Plaintiff's in forma pauperis petition is grant ed (d/e 3) for the purpose of collecting the filing fee in installments. The agency having custody of Plaintiff is directed to make monthly payments of twenty percent of the preceding month's income credited to Plaintiff's account to the C lerk of Court. These payments shall be forwarded each time Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to the Jail, to the attention of the trust fun d office. 4.If Plaintiff wishes to appeal this dismissal, he must 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 should set forth the issues Plai ntiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable for the $455 appellate filing fee regardless of the outcome of the appeal. Plaintiff may also be assessed another "strike" by the Court of Appeals if his appeal is dismissed for one of the reasons stated in § 1915(g). Entered by Judge Sue E. Myerscough on 8/24/2011. (VM, ilcd)
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