Bell v. Bierbaum et al
| Earnest M. Bell |
| Jarred Bierbaum and Larry Lewis |
| 1:2017cv01053 |
| February 3, 2017 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| XX US, Outside State |
| Jonathan E. Hawley |
| James E. Shadid |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
12
MERIT REVIEW OPINION entered by Chief Judge James E. Shadid on 2/14/2017. IT IS ORDERED: (1) This case is dismissed, with prejudice, for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. (2) This dismissal shal l count as Plaintiff's third and final "strike" under § 1915(g), and the Clerk is directed to record Plaintiff's strike in the three-strike log. (3) Plaintiff must still pay the full filing fee of $350 even though his ca se has been dismissed. The agency having custody of Plaintiff shall make monthly payments from Plaintiff's prison trust fund account to the Clerk of Court each time Plaintiffs account exceeds $10, until the filing fee is paid in full. (4) T he agency having custody of Plaintiff is further ordered to make monthly payments from Plaintiff's prison trust fund account to the Clerk of Court each time Plaintiff's account exceeds $10, until the filing fees in Case Nos. 15-1284 an d 15-1357 are paid in full. (5) 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 for th 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 appellate filing fee regardless of the outcome of the appeal. (6) All pending motions are dismissed. (Doc. 4). (7) This matter is now terminated. SEE FULL WRITTEN ORDER. (JS, ilcd)
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