Smith v. United States of America et al
| Robert Smith |
| United States of America, Federal Correctional Institution, Metropolitan Correctional Center, Terre Haute U.S.P. and Beaumont U.S.P. |
| 1:2018cv01086 |
| February 26, 2018 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Tazewell |
| Michael M. Mihm |
| Prison Condition |
| 28 U.S.C. ยง 1331 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
38
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 12/12/2018. IT IS THEREFORE ORDERED: 1) Plaintiff has filed a motion for emergency relief 36 , in which he repeats the allegations of the complaint and reasserts claims for injunctive relief and money damages. 36 is DENIED for the reasons indicated herein. 2) The third amended complaint is DISMISSED without prejudice, for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Any further amendment would be futile as Plaintiff's claim is barred under Heck v. Humphrey, 512 U.S. 477 (1994). This case is therefore closed. All deadlines and pending motions are VACATED. The clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58. 3) Plai ntiff 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 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. SEE FULL WRITTEN ORDER.(SAG, ilcd)
|
|
Filing
13
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 6/26/2018. 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. While any proposed am ended complaint might be futile under the circumstances, Plaintiff will be given an opportunity to replead, within 30 days (7/26/2018.) If Plaintiff files an amended complaint it is to be captioned First Amended Complaint and is to contain all of hi s claims without reference to a prior pleading. Failure to file an amended complaint will result in the dismissal of this case without prejudice. 2) All pending motions are vacated with leave to reassert if Plaintiff files an amended complaint. See full written Order.(VH, ilcd)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
