Meeker v. Illinois Department of Corrections et al
| Raymond Meeker |
| Illinois Department of Corrections and State of Illinois |
| 4:2016cv04207 |
| October 3, 2016 |
| U.S. District Court for the Central District of Illinois |
| Rock Island Office |
| XX US, Outside State |
| Michael M. Mihm |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
12
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 5/11/2017. IT IS THEREFORE ORDERED: 1) Plaintiff's Motion for Leave to file Amended Complaint 11 , is GRANTED. 2) Plaintiff's amended complaint is dismissed for failure to state a clai m pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Any further amendment to the Complaint would be futile because one claim is Heck-barred and the other fails to implicate a protected liberty interest. This case is therefore closed. T he clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58.3) 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 recor d Plaintiff's strike in the three-strike log. 4) 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. 5) 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. SEE FULL WRITTEN ORDER.(SL, ilcd)
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Filing
9
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 4/5/2017. IT IS THEREFORE ORDERED: 1) Plaintiff's Complaint is dismissed with leave to replead, within 30 days, if he wishes to proceed under § 1983. If not, he is to inform the Court w ithin that same time and he will not be assessed a filing fee. Failure to file an amended complaint may result in the dismissal of this case, without prejudice. 2) Plaintiff's Motion for Status 8 is rendered MOOT as a result of this Order. SEE FULL WRITTEN ORDER.(SL, ilcd)
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