Watters v. Mathy et al
| Henry E Watters |
| Joseph V Mathy, Troy Quinley, Larry Deathrage, Susan Prentice, . Baum, . Kochel, . Robinson, J . Allen, . Vella, R Allen, Gregory Tangamon, . McCormick, . Trainor, F Turner, . Forbus, . Kindrick and . Olson |
| 1:2009cv01115 |
| March 30, 2009 |
| 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
12
ORDER entered by Judge Harold A. Baker on 6/24/09 granting 11 Motion to Amend/Correct and DISMISSING CASE: 1)The plaintiff's motion to file an amended complaint is granted. [d/e 11] The clerk of the court is directed to file the plaintiff' ;s amended complaint and add Defendant "Correctional Officer Eyler." The clerk of the court is also directed to dismiss Defendants Mathy, Quinley, Prentice, Baum, Kochel,Vella, McCormick, Turner, and Forbus since they are not named as defen dants in the amended complaint. 2)The plaintiff's amended complaint is dismissed for failure to exhaust administrative remedies as required pursuant to 42 U.S.C. §1997e(a). This case is closed, with the parties to bear their own costs; 3)Th e 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 $350.00 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; therea fter, 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 fee of $350.00 is paid in its entirety. T he 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 a ppellate filing fee irrespective of the outcome of the appeal. Defendants Correctional Officer Eyler added and Defendsnts Kochel; Joseph V Mathy; McCormick; Susan Prentice; Troy Quinley; F Turner; Vella; Baum and Forbus terminated. (cc: plaintiff/Fin Adm/Correctional Center Trust Fund Office)(MSB, ilcd)
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Filing
9
ORDER entered by Judge Harold A. Baker on 5/4/09: 1) The plaintiff must file an amended complaint within 21 days of this order; by amended pleadings deadline of 5/26/09. The amended complaint must provide a short statement of the claim against each defendant and provide a relevant time frame. If the plaintiff fails to file an amended complaint within 21 days, his case may be dismissed. In addition, the court will strike unrelated claims and defendants in the amended complaint and the plaintif f may incur a strike for those unrelated claims and defendants 2) The plaintiff's motion for a preliminary injunction or temporary restraining order is denied. [d/e 4] 3) The plaintiff's motion for appointment of counsel is denied. [d/e 3] 4) This case is set for further merit review on the amended complaint by telephone conference call on June 16, 2009 at 9:30 a.m. The clerk is to issue a writ for the plaintiff's participation in the conference call. (cc: plaintiff)(MSB, ilcd)
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