Johnson v. McCollum et al
| Sterling Johnson |
| Chad McCollum, . Lawrence, . Fillpot, Ronald Hill and Peoria Police Department |
| 1:2008cv01195 |
| August 25, 2008 |
| US District Court for the Central District of Illinois |
| Prisoner: Civil Rights Office |
| Brown |
| Harold A. Baker |
| John A. Gorman |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
18
ORDER DISMISSING CASEentered by Judge Harold A. Baker on 7/20/09: 1) The defendants motion to dismiss the plaintiff's complaint is granted. [d/e 13] This case is dismissed without prejudice pursuant to 28 U.S.C. Section 1915A because the plainti ff's claims are barred by the two year statute of limitations period. 28 U.S.C. Section 1915A. 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)c. If the plaintiff does choose to appeal, he will be liable for the $455.00 app ellate 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 plaintiff is directe d 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 balan ce, 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 plaintiff's accoun t 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 an d 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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Filing
9
ORDER entered by Judge Harold A. Baker on 10/23/08 denying 3 Motion to Appoint Counsel and dismissing defendant Peoria Police Department. (cc: plaintiff) (MSB, ilcd)
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