Lee v. Jones et al
| Jesse Lee |
| Eddie Jones, J Mathy and Correctional Officer Brocket |
| 1:2008cv01030 |
| January 23, 2008 |
| US District Court for the Central District of Illinois |
| Prisoner: Civil Rights Office |
| XX US, Outside State |
| Harold A. Baker |
| John A. Gorman |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
10
ORDER:1) The defendant's motion for summary judgement is granted pursuant to Fed. R.Civ. P. 56 for failure to exhaust administrative remedies. [d/e 28] The clerk of the court is directed to enter judgment in favor of the defendants in accordance with this order. The parties are to bear their own costs. These cases are terminated. 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 of 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). 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 nonmeritorious, the plaintiff may also accumulate another strike under 28 U.S.C. 1915(g).3) The agency having custody of the plaintiff is directed to remit the docke ting 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 ba lance 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 plaintiff'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 must notify the clerk of the court of a change of address and phone number within se ven days of such a change. Release from incarceration does not relieve the plaintiff of his obligation to pay the filing fee in full. 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. Entered by Judge Harold A. Baker on 10/23/8. (cc:Pla)(HK, ilcd)
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