Atkins v. Vandalia Correctional Center et al
| Marvin Atkins |
| Vandalia Correctional Center and Illinois Department of Corrections |
| 3:2012cv00951 |
| August 29, 2012 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| XX US, Outside State |
| J. Phil Gilbert |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
11
ORDER DISMISSING CASE for failure to state a claim upon which relief may be granted. The dismissal of COUNT 1 is without prejudice. COUNT 2 is dismissed with prejudice. Plaintiff is advised that the dismissal of this action shall count as one of hi s three allotted "strikes" under the provisions of 28 U.S.C. § 1915(g). Plaintiff is ORDERED to submit a new motion for IFP within 21 days of the entry of this Order (on or before October 3, 2012). The Clerk is DIRECTED to mail Plaintiff a blank form motion and affidavit to proceed without prepaying fees or costs. Leave to proceed IFP is GRANTED. Signed by Judge J. Phil Gilbert on 9/12/2012. (tjk)
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