Gordon v. Brockett et al
| Gilbert Gordon |
| . Brockett, P Hastings, Joseph Mathy and R Flex |
| 1:2008cv01161 |
| July 18, 2008 |
| US District Court for the Central District of Illinois |
| Prisoner: Civil Rights Office |
| Livingston |
| Harold A. Baker |
| John A. Gorman |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
32
ORDER entered by Judge Harold A. Baker on 3/23/09granting 18 Motion for Summary Judgment: 1) The defendant's motion for summary judgement is granted pursuant to Fed. R.Civ. P. 56. [d/e 18] The clerk of the court is directed to enter judgment i n favor of the defendant in accordance with this order. The parties are to bear their own costs. This case is terminated without prejudice. 2) If the plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this court within 3 0 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 another strike under 28 U.S.C.1915(g). 3) The agenc y 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 agen cy must send 20 percent of 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 eachtime 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 c lerk of the court of a change of address and phone number within seven 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. (cc: Plaintiff/Correctional Center Trust Fund Office) (MSB, ilcd)
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