Butler v. Walker et al
Eugene Butler |
Wydeck, Terri D Chapman, . Foutch, M A Brown, Schuler, Grounds, K Rousey, Ticer, . Walker, Garnet, Ventures J Jackson, Roy Bradford and Hillioud |
3:2007cv03070 |
March 9, 2007 |
US District Court for the Central District of Illinois |
Springfield Office |
Jefferson |
Harold A. Baker |
Byron G. Cudmore |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
None |
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Filing 74 MEMORANDUM OPINION AND ORDER: 1.The clerk of the court is directed to strike the court's August 23, 2007 order, forthwith. Pursuant to Heck v. Humphrey and Edwards v. Balisok, Defendants' motion to dismiss 7 is granted. Th e clerk of the court is directed to terminate this lawsuit in its entirety. Any remaining motions 68 are rendered moot and this case is closed, with the parties to bear their own costs. 2.Although his lawsuit is dismissed, the plaintiff is still o bligated to pay the filing fee in full. See 28 U.S.C.A. § 1915(b)(1). The clerk is directed to mail a copy of this order to the plaintiff's place of confinement, to the attention of the trust fund office. Release from incarceration does not relieve the plaintiff's obligation to pay the filing fee in full. The plaintiff must notify the clerk of the court of a change of address and phone number within seven days of such change. 3.If the 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 the plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If the plaintiff does choose to appeal, he will be liable for the $455 appellate filing fee irrespective of the outcome of the appeal. Entered by Judge Harold A. Baker on 3/12/10. (ME, ilcd) |
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