Sultan v. Hodge et al
| Charles Sultan |
| Marc Hodge, Mark Storm, Ty Bates and S A Godinez |
| 3:2012cv00828 |
| July 23, 2012 |
| U.S. District Court for the Southern District of Illinois |
| East St. Louis Office |
| Lawrence |
| G. Patrick Murphy |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
11
IT IS HEREBY ORDERED that Plaintiff's motion for reconsideration and for leave to amend the complaint (Doc. 8 ) is GRANTED IN PART AND DENIED IN PART: the Court's Order and the Clerk's Judgment, both dated August 30, 2012, (Docs. 6 and 7 ) are VACATED and leave to amend the complaint is DENIED. IT IS FURTHER ORDERED that Plaintiff's motion for appointment of counsel (Doc. 10 ) is DENIED. IT IS FURTHER ORDERED that Plaintiff's Eighth Amendment conditions of confineme nt claims and his Fourteenth Amendment due process and equal protection claims are all DISMISSED with prejudice for failure to state a claim upon which relief can be granted; Plaintiff's supplemental state law negligence claims are DISMISSED w ithout prejudice; and Defendants S.A. GODINEZ, TY BATES, MARC HODGE and MARK STORM are DISMISSED from this action with prejudice. Plaintiff is ADVISED that this dismissal shall count as one of his allotted "strikes" under the provisions of 28 U.S.C. § 1915(g). Signed by Judge G. Patrick Murphy on 5/3/2013. (tjk)
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Filing
6
ORDER DISMISSING CASE: The entire case and Defendants Hodge, Storm, Bates and Gozinez shall be dismissed with prejudice for failure to state a claim upon which relief may be granted. Plaintiff is advised that this dismissal shall count as one of his allotted "strikes" under the provisions of 28 U.S.C. § 1915(g). Plaintiff's obligation to pay the filing fee for this action was incurred at the time the action was filed, thus the filing fee of $350 remains due and payable. Signed by Judge G. Patrick Murphy on 8/30/2012. (tjk)
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