Thompson v. Quinn
| Stanton J Thompson |
| Patrick Quinn, Michael Lemke, M Reed, D Brown, Melvin, Wayne R Germain, Kim Clevy, Brian Stafford, Richard Casburn, Derwin L (Lee) Ryker, Jeremiah Brown, Ronald Meeks, D Williams, Patrick B Hastings, David A Lingle, Pamela Moran, Maggie Brian, Lance R Tinsley, E Hardy, Robert F Kuntz, Raymond L Messerly, Joseph V Mathy, Paul S Blackwell, Stephen B Duncan and Boyd |
| 1:2010cv01082 |
| April 1, 2010 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Harold A. Baker |
| John A. Gorman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
12
ORDER DISMISSING CASEentered by Judge Harold A. Baker on 7/1/10: 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 and for repeating claims already before thi s court in Thompson v Quinn, Case No. 10-1065. 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 c ourt is directed to record the plaintiff's strike in the three-strike log. The plaintiff has now accumulated three strikes pursuant to §1915(g). 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 $350.00 from the plaintiff's prison trust fund account if such funds are available. If the plaintiff does not have $350.00 in his t rust 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 f und 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 statutory filing fee of $350.00. 4) The p laintiff 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 th e 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
10
ORDER entered by Judge Harold A. Baker on 5/24/10: 1) The plaintiff's amended complaint is dismissed for violations of Federal Rules of Civil Procedure 8, 18 and 20 and for failure to follow a court order. 2) The court will allow the plaintiff one final opportunity to file an amended complaint. The clerk of the court is to provide the plaintiff with a blank complaint form. The plaintiff is to follow the court's specific directions and identify the specific individuals he is suing an d state what these individuals did to violate his constitutional rights. The plaintiff MUST put his case number on the amended complaint. If the plaintiff does not follow the court's direction, this case will be dismissed. The plaintiff has b een given ample opportunity to comply with the court's order. 3) The plaintiff must file his second amended complaint on or before June 23,2010. If the plaintiff does not file his second amended complaint with the correct case number by this da te, his case will be dismissed. 4) A merit review hearing is scheduled for review of the second amended complaint on June 30 at 10:00 a.m. by telephone conference call (court will place call) before Judge Harold A. Baker. (cc: plaintiff with blank complaint form) (MSB, ilcd)
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