Mueller v. Williamson et al
| Daniel Phillip Mueller |
| Terry Durr, Neil Williamson, Brenda James and Gregory Clemons |
| 3:2013cv03344 |
| September 27, 2013 |
| U.S. District Court for the Central District of Illinois |
| Springfield Office |
| Sangamon |
| Byron G. Cudmore |
| Sue E. Myerscough |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
7
MERIT REVIEW OPINION (See Written Opinion): 1)Plaintiff Daniel Phillip Mueller's Amended Complaint is dismissed for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915A. Any further amendment to the Complaint would be futile because Plaintiff's claim is not cognizable. 2)This dismissal shall count as one of Plaintiff's three allotted "strikes" pursuant to 28 U.S.C. § 1915(g). 3)Plaintiff must still pay the full d ocketing fee even though his case has been dismissed. The agency having custody of Plaintiff shall continue to make monthly payments to the Clerk of the Court as directed in the Court's prior Order. 4) If Plaintiff wishes to appeal this dismis sal, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. Pro. 4(a). A motion for leave to appeal in forma pauperis should set forth the issues Plaintiff plans to present on appeal. Fed. R. App. 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. 5)This case is, therefore, closed, and the clerk is directed to enter a judgment pursuant to Federal Rule of Civil Procedure 58. All pending motions are DENIED as moot. The Clerk of the Court is directed to record Plaintiff's strike in the three-strike log. Entered by Judge Sue E. Myerscough on 12/31/2013. (VM, ilcd)
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Filing
4
MERIT REVIEW OPINION (See Written Opinion): Plaintiff Daniel Phillip Mueller has 21 days from the date of this Order to file an Amended Complaint that complies with the dictates of this Order. If Plaintiff fails to file an Amended Complaint that complies with the dictates of this Order, the Court will dismiss this case for failure to state a cause of action upon which relief can be granted. 28 U.S.C. § 1915(g). Entered by Judge Sue E. Myerscough on 10/28/2013. (VM, ilcd)
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