Hoskins v. Murrel et al
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|Date Filed||#||Document Text|
|May 14, 2013
OPINION (See Written Opinion): IT IS THEREFORE ORDERED: 1)Plaintiff's complaint is dismissed for failure to state a federal claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. This case is closed. The merit review hearing scheduled for May 20, 2013, is cancelled as unnecessary. The clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58.. Entered by Judge Sue E. Myerscough on 5/14/2013. 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 of the Court is directed to record Plaintiff's strike in the three-strike log. 3) Plaintiff 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 $455 appellate filing fee irrespective of the outcome of the appeal. (VM, ilcd)
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