Frauenreder v. Durkin et al
| Daniel Frauenreder |
| Patrick D Durkin and Warden Henry Hill Correctional Center |
| 1:2008cv01093 |
| April 21, 2008 |
| US District Court for the Central District of Illinois |
| Prisoner: Civil Rights Office |
| Cook |
| Harold A. Baker |
| John A. Gorman |
| None |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
64
ORDER granting 59 Motion for Summary Judgment entered by Judge Joe Billy McDade on 3/22/11: IT IS THEREFORE ORDERED: 1.Pursuant to Federal Rule of Civil Procedure Rule 56, the defendant's motion for summary judgment is granted 59 . The clerk of the court is directed to enter judgment in favor of the defendants and against the plaintiff. Any pending motions are denied as moot, and this case is terminated in its entirety, with the parties to bear their own costs. Although his lawsuit is dismissed, Plaintiff is still obligated to pay the filing fee in full. See 28 U.S.C.A. § 1915(b)(1) 2.If the 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)(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 a strike under 28 U.S.C. 1915(g). (cc: plaintiff) (MSB, ilcd)
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