Wilson v. Madigan et al
Michael Wilson |
Peoria County States Attorneys Office, Robert M Spears, Lisa Wilson, Peoria County Department of Human Services, Jim Ardis, Mark W Marlott, Lisa Madigan and April Sue Krigner |
1:2014cv01274 |
June 27, 2014 |
US District Court for the Central District of Illinois |
Peoria Office |
Perry |
Jonathan E. Hawley |
Michael M. Mihm |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 8 MERIT REVIEW OPINION entered by Judge Michael M. Mihm on 09/15/2014. IT IS ORDERED: 1) Plaintiff's complaint is dismissed for failure to state a federal claim. Any amendment to the Complaint would be futile because no violation of federal law ha s occurred. The clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58. 2) This dismissal shall count as one of the plaintiff's three allotted "strikes" pursuant to 28 U.S.C. Section 1915(g). 3) Plaintiff must still pay t he full filing fee of $350 even though his case has been dismissed. The agency having custody of Plaintiff shall continue to make monthly payments to the Clerk of Court, as directed in the Court's prior order.4) If Plaintiff wishes to appea l 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 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. 5) The clerk is directed to record Plaintiff's strike in the three-strike log. 6) If not already done, the clerk is directed to grant Plaintiff's petition to proceed in forma pauperis for the purpose of allowing Plaintiff to pay the filing fee in installments and to assess the installment payments. 7) Plaintiff's motion for counsel is denied as moot (4). 8) This case is closed. See Full Written Opinion.(JS, ilcd) |
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