Roberts v. Morris et al
Arnold Roberts |
Morris, Collins, Bryant Mayers, Smith, . Berry, Sandra Simpson, Vincent, Brandon Wear, Seemorg, . Kunkel, . Eric and F. Ashby |
4:2017cv04217 |
August 7, 2017 |
US District Court for the Central District of Illinois |
Rock Island Office |
Schuyler |
Sara Darrow |
Conditions of Confinement |
42 U.S.C. ยง 1983 |
None |
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Filing 9 MERIT REVIEW OPINION - Entered by Judge Harold A. Baker on 2/2/2018. 1)Plaintiff's Motion to Ask for Fee Extend and Restraining Order 7 and Motion 8 are denied. To the extent that Plaintiff seeks injunctive relief, he has not shown a reas onable likelihood of success on the merits, and the Court lacks authority to grant injunctive relief absent a relationship between the pleadings and the relief sought in the motion. See Pacific Radiation Oncology, LLC v. Queen's Medical Ctr., 81 0 F.3d 631, 636 (9th Cir. 2015). 2) Plaintiff's motion for leave to proceed in forma pauperis 2 is denied. 3) The plaintiff's complaint is dismissed without prejudice for failure to state a claim pursuant to Fed. R. Civ. Proc. 12(b)(6) and 28 U.S.C. Section 1915A, and for failure to pay the initial filing fee as directed by the Court. This case is closed. All pending motions not addressed above are deemed MOOT. 4) If the plaintiff wishes to appeal this dismissal, he may file a n otice 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 MUST set forth the issues the plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If the plaintiff does choose to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal. (LN, ilcd) |
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