Hill v. Tilden et al
| Demetrius G Hill |
| Salvador Godinez, Randy Pfister, Jane . Doe and Andrew Tilden |
| 1:2014cv01038 |
| February 4, 2014 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Livingston |
| Jonathan E. Hawley |
| James E. Shadid |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
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MERIT REVIEW OPINION entered by Chief Judge James E. Shadid on 12/10/14. IT THEREFORE ORDERED: 1) Plaintiff's Motion for Leave to File Amended Complaint 16 is GRANTED. 2) The federal claims in Plaintiff's Amended Complaint are dismissed f or failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Any further amendments would be futile as providing an allegedly high soy diet does not rise to the level of cruel and unusual punishment as to be prohibited under the Eighth Amendment. Similarly, thefailure to order thyroid testing, based solely on Plaintiff's belief that his symptoms are the result of thyroid dysfunction, constitutes a difference of opinion as to the treatment Plaintiff wants prov ided him, not cruel and unusual punishment. This case is therefore closed. The clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58. All pending Motions are renderedMOOT and all internal deadlines are VACATED. 3) The Court dismisses P laintiff's state law medical malpractice claim for lack of subject matter jurisdiction.4) 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 Court is directed to record Plaintiff's strike in the three-strike log. 5) Plaintiff must still pay the full docketing fee of $350 even though his case hasbeen dismissed. The agency formerly having custody of Plaintiff shall continue to make mont hly payments to the Clerk of Court, as directed in the Court's prior order, if such funds are available. If funds are not available the Plaintiff is to make arrangements for periodic paymentson the filing fee with the Clerk of Court. 6) If Plain tiff wishes to appeal this dismissal, he must 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 toappeal in forma pauperis should set forth the issues Plaintiff plans to present on appeal. See Fed.R. App. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal. (See Full Written Order).(VP, ilcd)
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