Oliver v. Beaty, et al.
| Davine Oliver |
| Kyle Beaty, Robert Kindermann and David Mahan |
| 3:2004cv03199 |
| September 8, 2004 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| Sangamon |
| Harold A. Baker |
| Charles H. Evans |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Defendant |
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Filing
71
MEMORANDUM OPINION AND ORDER entered by Judge Harold A. Baker on 09/22/2008: (1)Pursuant to Fed. R. Civ. Pro. Rule 56(c), the defendants' motion for summary judgment 61 is allowed. The clerk of the court is directed to enter judgment in favor of the defendants and against the plaintiff pursuant to Fed. R. Civ. P. 56.; (2) Having determined no basis for federal jurisdiction remains, the court declines supplemental jurisdiction over any state claims. 28 U.S.C. Section 1367(c)(3); O' Grady v. Village of Libertyville, 304 F.3d 719, 725 (7th Cir. 2002); (3) Any remaining matters are rendered moot. This case is terminated, with the parties to bear their own costs; and (4) If the plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this court within 30 days of the entry of judgment. Fed. R. App. P. 4(a)(4) A motion for leave to appeal in forma pauperis should set forth the issues the plaintiff plans to present on appeal. See Fed. R. App. P. 2 4(a)(1) (C). If the plaintiff does choose to appeal, he will be liable for the $455.00 appellate filing fee irrespective of the outcome of the appeal. Furthermore, if the appeal is found to be non-meritorious, the plaintiff may also accumulate another strike under 28 U.S.C. 1915(g). (DM, ilcd)
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