Burch v. Bell et al

Filing 23

FINAL JUDGMENT in accordance with memorandum of opinion, dfts' motion for summary judgment is GRANTED and this action is DISMISSED WITH PREJUDICE, pla's pending motion to amend is DENIED as MOOT; costs are taxed to pla. Signed by Judge Inge P Johnson on 8/28/12. (ASL)

FILED
2012 Aug-28 AM 11:14
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
VINCENT BURCH,

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Plaintiff,
v.
K. BELL and N. WHITE,
Defendants.

Case No. 7:11-cv-01091-IPJ-JEO

FINAL JUDGMENT
In accordance with the Memorandum of Opinion entered contemporaneously herewith and
with Rule 58, FED. R. CIV. P., it is hereby ORDERED, ADJUDGED, and DECREED that
defendants' motion for summary judgment is GRANTED and this action is DISMISSED WITH
PREJUDICE. The plaintiff’s pending Motion to Amend is DENIED, as MOOT.
Costs are taxed to the plaintiff.
For information regarding the cost of appeal, see the attached notice.
DONE, this the 28th day of August 2012.

INGE PRYTZ JOHNSON
U.S. DISTRICT JUDGE

United States Court of Appeals
Eleventh Circuit
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
John Ley
Clerk

In Replying Give Number
Of Case and Names of Parties

NOTICE TO PRISONERS CONCERNING CIVIL APPEALS

The Prison Litigation Reform Act of 1995 (effective April 26, 1996) now REQUIRES
that all prisoners pay the Court’s $450 docket fee plus $5 filing fee (for a total of $455) when
appealing any civil judgment.
If you wish to appeal in a civil case that Act now requires that upon filing a notice of
appeal you either:
(1)

Pay the total $455 fee to the clerk of the district court from which this case arose;
or

(2)

arrange to have a prison official certify to the district court from which the appeal
arose the average monthly deposits and balances in your prison account for each
of the six months preceding the filing of a notice of appeal.

If you proceed with option (2) above, the Act requires that the district court order you to
pay an initial partial fee of at least 20% of the greater of either the average monthly deposits
or of the average monthly balances shown in your prison account. The remainder of the total
$455 fee will thereafter be deducted from your prison account each month that your account
balance exceeds $10. Each such monthly deduction shall equal 20% of all deposits to your
prison account during the previous month, until the total $455 fee is paid. (If your prison account
statement shows that you cannot pay even the required initial partial fee, your appeal may
nevertheless proceed, BUT THE TOTAL $455 FEE WILL BE ASSESSED AGAINST AND
WILL BE DEDUCTED FROM FUTURE DEPOSITS TO YOUR PRISON ACCOUNT.)
Fees are not refundable, regardless of outcome, and deductions from your prison account
will continue until the total $455 fee is collected, even if an appeal is unsuccessful.

John Ley
Clerk

PLRA Notice