Henderson v. Jones et al
| Johnnie L Henderson |
| Eddie Jones, . Davison, David . Lingle and Wesley . Wiles |
| 1:2008cv01339 |
| December 4, 2008 |
| U.S. District Court for the Central District of Illinois |
| Prisoner: Civil Rights Office |
| Will |
| Harold A. Baker |
| John A. Gorman |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
34
ORDER entered by Judge Harold A. Baker on 8/13/09 granting 28 Motion to Dismiss: 1)The defendants' motion to dismiss the plaintiff's complaint is granted. [d/e 28]. 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. 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 directed to record the plainti ff'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 docketing fee of $350.0 0 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 of court each time the plaintiff's account exceeds $10.00 until the statutory f ee 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 is ordered to notify the clerk of the court of a change of address and phone number 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 notice 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 filing fee irrespective of the outcome of the appeal. (cc: plaintiff/Correctional Center Trust Fund Office) (MSB, ilcd)
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Filing
7
ORDER entered by Judge Harold A. Baker on 12/2/08: 1)Pursuant to its merit review of the complaint under 28 U.S.C. Section 1915A, the court finds that the plaintiff states the following federal claim: Illinois Department of Corrections Deputy Directo r Eddie Jones, Correctional Officer Davison, Grievance Officer David Lingle and Counselor Wesley Wiles violated the plaintiff's Fourteenth Amendment due process rights when he was not allowed to present evidence to an impartial decision maker du ring a hearing on his disciplinary ticket. 2) All other claims based on federal law, other than those set forth in paragraph (1) above, are dismissed for failure to state a claim pursuant to 28 U.S.C. Section 1915A. 3) This case shall proceed solely on those federal claims identified in paragraph one above. Any claims not set forth in paragraph one above shall not be included in the case, except in the court's discretion on motion by a party for good cause shown, or by leave of court pursu ant to Federal Rule of Civil Procedure 15. 4) This case is referred to the Magistrate Judge for consideration of the pending motion to proceed in forma pauperis. [d/e 4] 5) Once in forma pauperis status is decided, a Prisoner Scheduling Order shall b e entered directing service and setting a Rule 16 conference date. 6) A copy of this Case Management Order shall be served with the Complaint and Scheduling Order. 7) The defendants shall file an answer within the time prescribed by Local Rule. A mot ion to dismiss is not an answer. The answer must be considered a responsive pleading under Federal Rule of Civil Procedure 15(a) and should include all defenses appropriate under the Federal Rules. The answer and subsequent pleadings shall be to the issues and claims stated in this Case Management Order. 8) The plaintiff's motion for appointment of counsel is denied with leave to renew. [d/e 3] (cc: plaintiff)(MSB, ilcd)
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