Ballard v. Beard et al
| Duane P Ballard |
| Brittany Beard, Edna Greenhagen, Wexford Health Sources, Bob Brookes, Robbie Johnson, Dave Long and Justin Hammers |
| 1:2016cv01297 |
| August 11, 2016 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Fulton |
| Michael M. Mihm |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
6
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 4/3/2017. IT IS THEREFORE ORDERED: 1) Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Any amendment to the Co mplaint would be futile as Plaintiff does not claim that the alleged deliberate indifference caused him injury. This case is therefore closed. 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). The Clerk of the Court is directed to record Plaintiff's strike in the three-strike log. 3) Plaintiff must still pay the full docketing 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 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 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.(SL, ilcd)
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