Rogers v. Randle et al
Plaintiff: Johnny Rogers
Defendant: Michael P Randle, Marcus Hardy, Sylvia Mahone, John Birkel and Guy D Pierce
Case Number: 1:2009cv01297
Filed: August 27, 2009
Court: US District Court for the Central District of Illinois
Office: Peoria Office
County: Livingston
Presiding Judge: Harold A. Baker
Presiding Judge: John A. Gorman
Nature of Suit: Plaintiff
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

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Date Filed Document Text
August 27, 2010 Opinion or Order Filing 36 ORDER entered by Judge Harold A. Baker on 8/27/10 granting 27 and 30 Motions for Summary Judgment: 1) The defendants' motions for summary judgment are granted. [d/e 27, 30 ]. The Clerk ofthe court is directed to enter judgment in favor of th e defendants and against the plaintiffpursuant to Fed. R. Civ. P. 56. The case is terminated. The parties are to bear their owncosts.2) If the plaintiff wishes to appeal this dismissal, he may file a notice of appeal with thiscourt within 30 days of the entry of judgment. Fed. R. App. P. 4(a)(4). A motion for leaveto appeal in forma pauperis should set forth the issues the plaintiff plans to present onappeal. See Fed. R. App. P. 24(a)(1)c. If the plaintiff does choose to appeal, he will beliable for the $455.00 appellate filing fee irrespective of the outcome of the appeal.Furthermore, if the appeal is found to be non-meritorious, the plaintiff may alsoaccumulate another strike under 28 U.S.C. 1915(g)3) 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 theplaintiff does not have $350.00 in his trust fund account, the agency must send 20 percentof the current balance, or the average balance during the past six months, whicheveramount 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 plainti ff'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 statutory filing fee of $350.00. 4) The plaintiff is responsible for ensuring the $350.00 filing fee is paid to the clerk of the court even though his case has been dismissed. Release from incarceration does not relieve the plaintiff of his obligation to pay the filing fee in full. The plaintiff must 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. (cc: plaintiff/Correctional Center Trust Fund Office) (MSB, ilcd)
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Plaintiff: Johnny Rogers
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Defendant: Michael P Randle
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Defendant: Marcus Hardy
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Defendant: Sylvia Mahone
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Defendant: John Birkel
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Defendant: Guy D Pierce
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