McDowell v. Heffren et al
| Terry Ray McDowell |
| Jeff A Heffren, Jody Reed, Jerry M Bohler, Richard S Birkey, John Dudek, Julie Bohler, C . Whitlock and Terry Sutter |
| 1:2005cv01312 |
| October 18, 2005 |
| U.S. District Court for the Central District of Illinois |
| Peoria Office |
| Fulton |
| Harold A. Baker |
| John A. Gorman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
73
SUMMARY JUDGEMENT ORDER entered by Judge Harold A. Baker on 9/22/08. IT IS THEREFORE ORDERED that: 1. The defendants' motion for summary judgment is granted [d/e 57]. The clerk of the court is directed to enter judgment in favor of the defendant s and against the plaintiff pursuant to Fed. R. Civ. P. 56. The case is terminated, with the parties to bear their own costs.2. If the plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this court within 30 days of the ent ry of judgment. Fed. R. App. P.4(a)(4). A motion for leave to appeal in forma pauperis should set forth theissues the plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1).If the plaintiff does choose to appeal, he will be liable for the $455.00appellate filing fee irrespective of the outcome of the appeal. Furthermore, ifthe appeal is found to be non-meritorious, the plaintiff may also accumulatea strike under 28 U.S.C. 1915(g). 3. The agency having custody of the Plaintiff i s directed to remit the docketing fee of $250.00 from the plaintiff's prison trust fund account if such funds are available. If the plaintiff does not have $250.00 in his trust fund account, the agency must send 20 percent of the curre nt balance, or the average balanceduring the past six months, whichever amount is higher; thereafter, theagency 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 $250.00 is paid in its entirety. The filing fee collected shall not exceed the statutory filing fee of $250.00. 4. The plaintiff is responsible for ensuring the $250.00 filing fee is paid to theclerk of the court even though his case has been dismissed. Release fromincarceration does not relieve the plaintiff of his obligation to pay the filing fee in full. The plaintiff must notify the clerk of the court of a change of address and phone number within seven days of such change. (cc: Plaintiff) (KB, ilcd)
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