Clemon v. Kosack et al
| Damoni Clemon |
| Robert Kosack, Timothy Marvel, Scott Mathewson, James Sutherland and Brent Smallwood |
| 1:2009cv01153 |
| May 4, 2009 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Knox |
| Harold A. Baker |
| John A. Gorman |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
8
ORDER entered by Judge Harold A. Baker on 6/15/09: IT IS THEREFORE 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. The court declines to exercise supplemental jurisdiction over any intended state law claims. This case is closed, with the parties to bear their own costs. (2.)The plaintiff's motion for appointment of counsel is denied as moot. [d/e 3] (3.) This dismissal shall coun t 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 plaintiff's strike in the three-strike log. (4.) 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 $350.00 from the plaintiff's prison trust fund account if such funds are available. If the plain tiff 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 pa yments 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. The filing fee collected shall not exceed the statu tory filing fee of $350.00. (5.) 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. (6.) 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. (7.)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 t o 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)(MSB, ilcd)
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