Ballentine v. Unknown Peoria County Jail Employees

Justia Dockets & Filings Seventh Circuit Illinois Central District Ballentine v. Unknown Peoria County Jail Employees

Ballentine v. Unknown Peoria County Jail Employees

Plaintiff:	William A Ballentine
Defendant:	Unknown Peoria County Jail Employees
Case Number:	1:2014cv01246
Filed:	June 20, 2014
Court:	US District Court for the Central District of Illinois
Office:	Peoria Office
County:	XX US, Outside State
Presiding Judge:	Jonathan E. Hawley
Presiding Judge:	Michael M. Mihm
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
December 3, 2014	Filing 7 MERIT REVIEW OPINION entered by Judge Michael M. Mihm on 12/3/14. IT IS ORDERED that Plaintiff William A. Ballentine's motion to amend complaint 5 is GRANTED, and the Court's merit review is of Plaintiff's Amended Complaint. Plaintif f William A. Ballentine's Complaint is dismissed for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915A. Any further amendment to the Complaint would be futile because Plaintiff's claim is not cognizable. This dismissal shall count as one of Plaintiff's three allotted "strikes" pursuant to 28 U.S.C. § 1915(g). If Plaintiff 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 to appeal in forma pauperis should set forth the issues he plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable fo r the $505.00 appellate filing fee regardless of the outcome of the appeal. This case is, therefore, closed, and the clerk is directed to enter a judgment pursuant to Federal Rule of Civil Procedure 58. The Clerk of the Court is directed to record Plaintiff's strike in the three-strike log. All pending motions are DENIED as moot. SEE FULL WRITTEN ORDER. (FDT, ilcd)

Date Filed

Document Text

December 3, 2014

Filing 7 MERIT REVIEW OPINION entered by Judge Michael M. Mihm on 12/3/14. IT IS ORDERED that Plaintiff William A. Ballentine's motion to amend complaint 5 is GRANTED, and the Court's merit review is of Plaintiff's Amended Complaint. Plaintif f William A. Ballentine's Complaint is dismissed for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915A. Any further amendment to the Complaint would be futile because Plaintiff's claim is not cognizable. This dismissal shall count as one of Plaintiff's three allotted "strikes" pursuant to 28 U.S.C. § 1915(g). If Plaintiff 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 to appeal in forma pauperis should set forth the issues he plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable fo r the $505.00 appellate filing fee regardless of the outcome of the appeal. This case is, therefore, closed, and the clerk is directed to enter a judgment pursuant to Federal Rule of Civil Procedure 58. The Clerk of the Court is directed to record Plaintiff's strike in the three-strike log. All pending motions are DENIED as moot. SEE FULL WRITTEN ORDER. (FDT, ilcd)

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