Smith v. State of Illinois et al
| Aaron Smith |
| Illinois Department of Corrections and State of Illinois |
| 3:2012cv03027 |
| January 30, 2012 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| Livingston |
| Byron G. Cudmore |
| Sue E. Myerscough |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
5
OPINION: See written Opinion. Plaintiff's claims challenging the procedures that led to his guilty finding and punishment are dismissed, without prejudice. Plaintiff's procedural due process claim arising from his lack of notice of the secu rity threat group charge is dismissed for failure to state a federal claim upon which relief may be granted. All pending motions are denied as moot (d/e 4), and this case is closed. This dismissal shall count as one of the plaintiff's three allo tted "strikes" pursuant to 28 U.S.C. Section 1915(g). 28 U.S.C. § 1915(b)(1) requires Plaintiff to pay the full docketing fee of $350 in installments 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 order of January 31, 2012. 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). Entered by Judge Sue E. Myerscough on 2/2/2012. (MJ, ilcd)
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