Sowewimo v. Blakewell et al

Filing 64

ORDER granting 53 Motion for Summary Judgment entered by Judge Joe Billy McDade on 2/18/11: 1) The Defendants' second motion for summary judgment is granted. [d/e 53]. The Clerk of the Court is directed to enter judgment in favor of the Defen dants and against the Plaintiff pursuant to Fed. R. Civ. P. 56. The case is terminated. The parties are to bear their own costs. 2) If the Plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this court within 30 days of t he entry of judgment. Fed. R. App. P. 4(a)(4). A motion for leave to appeal in forma pauperis should set forth the issues the Plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If the Plaintiff does choose to appeal, he will b e liable for the $455.00 appellate filing fee irrespective of the outcome of the appeal. Furthermore, if the appeal is found to be non-meritorious,the Plaintiff may also accumulate a strike under 28 U.S.C. 1915(g)3). The agency having custody o f the Plaintiff is directed to remit the docketing fee of $350.00 from the Plaintiff's prison trust fund account if such funds are available. If the Plaintiff does not have $350.00 in his trust fund account, the agency must send 20 pe rcent of the current balance, or the average balance during the past six months,whichever amount is higher; thereafter, the agency shall begin forwarding monthly payments from the Plaintiff's trust fund account to the clerk of court each time th e Plaintiff's account exceeds $10.00 until the statutory fee of $350.00 is paid in its entirety. The filing fee collected shall not exceed the statutory filing fee of $350.00. 4) The Plaintiff is responsible for ensuring the � 36;350.00 filing fee is paid to the clerk of the court even though his case has been dismissed. Release from incarceration does not relieve the Plaintiff of his obligation to pay the filing fee in full. The Plaintiff must notify the clerk of the co urt of a change of address and phone number within seven days of such change. 5)The clerk is directed to mail a copy of this order to the Plaintiff's place of confinement, to the attention of the Trust Fund Office. (cc: plaintiff/Correctional Center Trust Fund Office)(MSB, ilcd)