Scott v. Morton et al
| Dennis Scott |
| James Morton, Jason Moody and Joshua Cleavinger |
| 4:2016cv04182 |
| September 7, 2016 |
| US District Court for the Central District of Illinois |
| Rock Island Office |
| Schuyler |
| Joe Billy McDade |
| Conditions of Confinement |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
9
MERIT REVIEW ORDER entered by Judge Joe Billy McDade on 10/28/2016. IT IS THEREFORE ORDERED: 1) Plaintiff's Petition to Proceed in forma pauperis 3 , is DENIED. The complaint is dismissed with prejudice for failure to state a claim pursuant t o Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Any amendment to the Complaint would be futile as the facts cannot sustain a claim of Constitutional injury. This case is therefore closed. The clerk is directed to enter a judgment pursuant t o 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). 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 ord er. 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. Civil case terminated. See full written Order.(VH, ilcd)
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