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- ilcd;;1:16-cv-01389_de13 RegisterActionDate "2017-04-19" @default.
- ilcd;;1:16-cv-01389_de13 RegisterActionDescriptionText "TEXT MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 4/19/2017: Plaintiff files a complaint alleging negligent spoliation of evidence against 10 Defendants, including two Assistant Attorneys General. Plaintiff alleges that he lost a July 30, 2014 jury trial in case number 11-1311 because Defendants withheld critical evidence. Plaintiff alleges that his motion is timely brought as spoliation has a five-year statute of limitations. Pursuant to FRCP 60, however, plaintiff had only one year in which to file relief from the judgment. Fed.R.Civ.P. 60 (c)(1). Plaintiff is well outside the timeline. Furthermore, Plaintiff only alleges negligence which will not sustain a section 1983 action. Plaintiff's complaint is dismissed as frivolous and for failure to state a claim under Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. This case is therefore closed. The clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58. 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 record Plaintiff's strike in the three-strike log. 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. 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 $505 appellate filing fee irrespective of the outcome of the appeal. (JRK, ilcd) (Entered: 04/19/2017)" @default.
- ilcd;;1:16-cv-01389_de13 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01389_de13 hasJudgeReference SJ001506 @default.