Pinzon v. Department of Corrections et al

Justia Dockets & Filings Seventh Circuit Illinois Central District Pinzon v. Department of Corrections et al

Pinzon v. Department of Corrections et al

Plaintiff:	Norbert Vincent Pinzon
Defendant:	Department of Corrections
Case Number:	2:2016cv02106
Filed:	April 14, 2016
Court:	US District Court for the Central District of Illinois
Office:	Urbana Office
County:	Vermilion
Presiding Judge:	James E. Shadid
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
September 27, 2016	Filing 7 MERIT REVIEW OPINION entered by Chief Judge James E. Shadid on 9/27/2016. IT IS, THEREFORE, ORDERED: 1. Plaintiff's Complaint is dismissed for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 191 5A. Any further amendment to the Complaint would be futile because his claim is not cognizable. All pending motions are denied as moot. 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 is directed to record Plaintiff's strike in the three-strike log. 3. 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. Ap p. P. 4(a). A motion for leave to appeal in forma pauperis should set forth the issues he plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff chooses to appeal, he will be liable for the $505.00 appellate filing fee regardless of the outcome of the appeal.4. This case is, therefore, closed, and the Clerk is directed to enter a judgment pursuant to Federal Rule of Civil Procedure 58. SEE FULL WRITTEN ORDER.(SL, ilcd)

Date Filed

Document Text

September 27, 2016

Filing 7 MERIT REVIEW OPINION entered by Chief Judge James E. Shadid on 9/27/2016. IT IS, THEREFORE, ORDERED: 1. Plaintiff's Complaint is dismissed for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 191 5A. Any further amendment to the Complaint would be futile because his claim is not cognizable. All pending motions are denied as moot. 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 is directed to record Plaintiff's strike in the three-strike log. 3. 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. Ap p. P. 4(a). A motion for leave to appeal in forma pauperis should set forth the issues he plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff chooses to appeal, he will be liable for the $505.00 appellate filing fee regardless of the outcome of the appeal.4. This case is, therefore, closed, and the Clerk is directed to enter a judgment pursuant to Federal Rule of Civil Procedure 58. SEE FULL WRITTEN ORDER.(SL, ilcd)

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Plaintiff: Norbert Vincent Pinzon
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Defendant: Department of Corrections
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