Reid v. Melvin et al
| Elijah Reid |
| Michael P Melvin, Marc Balota and . Brian |
| 1:2016cv01378 |
| October 5, 2016 |
| U.S. District Court for the Central District of Illinois |
| Peoria Office |
| Livingston |
| Joe Billy McDade |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
9
MERIT REVIEW ORDER entered by Judge Joe Billy McDade on 4/5/2017. 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 Complaint would be futile because the facts do not support Constitutional claims. 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 t hree 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 d ismissed. 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 this Co urt 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.(VH, ilcd)
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