Marsiliano v. Walker et al
| Anthony Marsiliano |
| Melody Ford, Rodger Walker and Brian Fairchild |
| 1:2007cv01092 |
| April 13, 2007 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Knox |
| Harold A. Baker |
| John A. Gorman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
9
ORDER DISMISSING CASE entered by Judge Harold A. Baker on 6/11/10: 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, with the parties to bear their own costs. 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)Th e plaintiff must still pay the full docketing fee of $350.00 even though his case has been dismissed. The agency having custody of the plaintiff is directed to remit the docketing fee of $350.00 from the plaintiff's prison trust fund account if such funds are available. If the plaintiff does not have $350.00 in his trust fund account, the agency must send 20 percent of the current balance, or the average balance during the past six months, whichever amount is higher; therea fter, 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 $350.00 is paid in its entirety. T he filing fee collected shall not exceed the statutory filing fee of $350.00. 4) The plaintiff is ordered to notify the clerk of the court of a change of address and phone number within seven days of such change. 5) The clerk is directed to mail a copy of this order to the plaintiff's place of confinement, to the attention of the Trust Fund Office. 6)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 should 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 $455 appellate filing fee irrespective of the outcome of the appeal. (cc: plaintiff/Correctional Center Trust Fund Office) (MSB, ilcd)
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