Gaines v. Ince et al
| Mark Gaines |
| G Ince, . Livingston, Gary L Pampel and Brian Fairchild |
| 1:2011cv01008 |
| January 7, 2011 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Randolph |
| John A. Gorman |
| Michael M. Mihm |
| Civil Rights |
| 28 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
9
MERIT REVIEW ORDER OF DISMISSAL entered by Judge Michael M. Mihm on 2/16/11. IT IS ORDERED: 1. Pursuant to 42 U.S.C. § 1997e(a), the plaintiff's claims against the defendants, Ince and Livingston are dismissed for failure to exhaust adminis trative remedies. 2. Pursuant to 28 U.S.C. §1915A and Fed. R. Civ. Pro. Rule 12(b)(6), the plaintiff's clais against the defendants, Pampel and Fairchild are dismissed. 3. This lawsuit is dismissed in its entirety. Any remaining matters ar e rendered moot. 4. Although his lawsuit is dismissed, the plaintiff is still obligated to pay the filing fee infull. See 28 U.S.C.A. § 1915(b)(1). 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. Release from incarceration does not relieve the plaintiff's 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. If the plaintiff wishes to appeal this dismissal, he must file a notice of appeal with thiscourt 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 beliable for the $455 appellate filing fee irrespective of the outcome of the appeal. SEE FULL ORDER ATTACHED. cc: Trust Fund Office and Plaintiff.(FDT, ilcd)
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