Dehmer v. Gonzales et al
| Chris Dehmer |
| Alberto Gonzales, Harley G Lappin, J C Zuercher and Glen Fine |
| 1:2007cv01218 |
| August 17, 2007 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Tazewell |
| Harold A. Baker |
| John A. Gorman |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| Plaintiff |
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Filing
43
ORDER entered by Judge Harold A. Baker on 8/27/10granting 36 Motion for Summary Judgment: 1) The defendants' motion for summary judgment is granted. [d/e 36]. The Clerk of the court is directed to enter judgment in favor of the defendants and against the plaintiff pursuant to Fed. R. Civ. P. 56. The case is terminated. The parties are to bear their owncosts. 2) If the plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this court within 30 days of the entry o f judgment. Fed. R. App. P. 4(a)(4). 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 $455.00 appellate filing fee irrespective of the outcome of the appeal. Furthermore, if the appeal is found to be non-meritorious, the plaintiff may also accumulate another strike under 28 U.S.C. 1915(g)3) The agency having custody of the p laintiff 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 o f the current balance, or the average balance during the past six months, whichever amount is higher; thereafter, the agency shall begin forwarding monthly payments from the plaintiff's trust fund account to the clerk of court each time the plai ntiff's account exceeds $10.00 until the statutory fee of $350.00 is paid in its entirety. The filing fee collected shall not exceed the statutory filing fee of $350.00. 4) The plaintiff is responsible for ensuring the $350 .00 filing fee is paid to the clerk of the court even though his case has been dismissed. Release from incarceration 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. 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. (cc: plaintiff/Correctional Center Trust Fund Office) (MSB, ilcd)
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Filing
10
MERIT REVIEW ORDER #2 entered by Judge Harold A. Baker on 9/22/08. IT IS THEREFORE ORDERED THAT: 1) The plaintiff's motion to amend his complaint is granted. [d/e 7]. The clerk of the court is directed to file the plaintiff's Amended Compla int. 2) Pursuant to its merit review of the amended complaint under 28 U.S.C. Section 1915A, the court finds that the plaintiff states the following federal claims: The repeated denials of the plaintiff's visitation within the Federal Correction al Institution in Pekin Illinois violated the plaintiff's First Amendment Freedom of Association and Fifth Amendment Due Process rights. 3) All other claims based on federal law, other than those set forth in paragraph (2) above, are dismissed f or failure to state a claim pursuant to 28 U.S.C. Section 1915A. 4) This case shall proceed solely on those federal claims identified in paragraph two above. Any claims not set forth in paragraph two above shall not be included in the case, except in the court's discretion on motion by a party for good cause shown, or by leave of court pursuant to Federal Rule of Civil Procedure 15. 5) A Prisoner Scheduling Order shall be entered directing service and setting a Rule 16 conference date. 6) A copy of this Case Management Order shall be served with the Complaint and Scheduling Order. 7) The defendants shall file an answer within the time prescribed by Local Rule. A motion to dismiss is not an answer. The answer must be considered a re sponsive pleading under Federal Rule of Civil Procedure 15(a) and should include all defenses appropriate under theFederal Rules. The answer and subsequent pleadings shall be to the issues and claims stated in this Case Management Order. 8) The plai ntiff must identify the names and work addresses of his Doe defendants in order to effect service on them. If the plaintiff does not know the name of a defendant, he must discover it by filing a discovery request upon the known defendants after they have appeared, or, if those defendants do not provide an answer, a motion to compel with the court. Failure to timely identify and serve the Doe defendants will result in their dismissal from the case. See Fed. R. Civ. Proc. 4(m). (cc: Plaintiff) (KB, ilcd)
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