Johnson v. Lyons et al
| Sterling Johnson |
| Kevin Lyons, Name Unknown and Journal Star |
| 1:2008cv01234 |
| September 10, 2008 |
| US District Court for the Central District of Illinois |
| Prisoner: Civil Rights Office |
| Knox |
| Harold A. Baker |
| John A. Gorman |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
7
MERIT REVIEW ORDER entered by Judge Harold A. Baker on 9/24/08. It is ordered that: 1) The plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. Proc. 12(b)(6) and 28 U.S.C. Section 1915A. All pending motions a re denied as moot [d/e 2, 3], and this case is closed, with the parties to bear their own costs; 2) This dismissal shall count as one of the plaintiff's three allotted strikes pursuant to 28 U.S.C. Section 1915(g). The clerk of the court is dire cted to record the plaintiff's strike in the three-strike log; 3) The plaintiff must still pay the full docketing fee of $350.00 even though his case has been dismissed. The agency having custody of the plaintiff is directed to remit the do cketing 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 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 ofcourt each time the plaintiff's account exceeds $10. 00 until the statutory feeof $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 ordered to notify the clerk of the court of a change of address and phone numb er 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. 6) If the plaintiff wishes to appeal this dismissal, he may file a n otice of appeal with this court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). 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 appellate filingfee irrespective of the outcome of the appeal. (cc: Plaintiff) (Trust Fund Dept) (KB, ilcd)
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