Huddleston v. Drake

Huddleston v. Drake

Plaintiff:	Jeffrey Huddleston
Defendant:	Michael Drake
Case Number:	3:2014cv03058
Filed:	February 18, 2014
Court:	US District Court for the Central District of Illinois
Office:	Springfield Office
County:	Sangamon
Presiding Judge:	Sue E. Myerscough
Presiding Judge:	Springfield Magistrate Judge
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
May 27, 2014	Filing 8 MERIT REVIEW OPINION (See Written Opinion): IT IS ORDERED: 1) Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Any amendment to the Complaint would be futile be cause Defendant Drake is not a government actor. This case is therefore closed. All pending motions are denied as moot (7). The clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58. 2) This dismissal shall count as one of the plaintiff's three allotted "strikes" pursuant to 28 U.S.C. Section 1915(g). 3) Plaintiff must still pay the full filing fee of $350 even though his case has been dismissed. The agency having custody of Plaintiff shall continu e 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 $505 appellate filing fee irrespective of the outcome of the appeal. 5)The clerk is directed to record Plaintiff's strike in the three-strike log. Entered by Judge Sue E. Myerscough on 5/27/2014. (VM, ilcd)

Date Filed

Document Text

May 27, 2014

Filing 8 MERIT REVIEW OPINION (See Written Opinion): IT IS ORDERED: 1) Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Any amendment to the Complaint would be futile be cause Defendant Drake is not a government actor. This case is therefore closed. All pending motions are denied as moot (7). The clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58. 2) This dismissal shall count as one of the plaintiff's three allotted "strikes" pursuant to 28 U.S.C. Section 1915(g). 3) Plaintiff must still pay the full filing fee of $350 even though his case has been dismissed. The agency having custody of Plaintiff shall continu e 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 $505 appellate filing fee irrespective of the outcome of the appeal. 5)The clerk is directed to record Plaintiff's strike in the three-strike log. Entered by Judge Sue E. Myerscough on 5/27/2014. (VM, ilcd)

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Plaintiff: Jeffrey Huddleston
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Defendant: Michael Drake
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