Castellanos v. Ramage et al
| Jaime Castellanos |
| John E. Ramage, Officer Cheeks and Liutenant Shields |
| 3:2018cv01024 |
| April 27, 2018 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Jefferson |
| Staci M. Yandle |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
8
ORDER DISMISSING CASE with prejudice for failure to state a claim upon which relief may be granted and for failure to comply with an Order of this Court. Counts 1 and 2 remain dismissed without prejudice. Plaintiff may file another lawsuit raising those claims should he eliminate the obstacle posed by Heck v. Humphrey. This dismissal shall not count as one of Plaintiff's three allotted strikes within the meaning of 28 U.S.C. § 1915(g). Signed by Judge Staci M. Yandle on 8/1/2018. (tjk)
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Filing
7
IT IS HEREBY ORDERED that Count 1 is DISMISSED without prejudice for failure to state a claim and as barred by Heck v. Humphrey. Count 2 is dismissed without prejudice as barred by Heck v. Humphrey. Should Plaintiff wish to proceed on Counts 1-2, h e must first seek restoration of his good time credit, and then file a new action. Count 3 is DISMISSED without prejudice for failure to state a claim. IT IS FURTHER ORDERED that, should he wish to proceed with this case, Plaintiff shall file his First Amended Complaint, stating any facts which may exist to support Count 3 only (on or before July 20, 2018). (Amended Pleadings due by 7/20/2018). Signed by Judge Staci M. Yandle on 6/22/2018. (tjk)
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