Alonzo v. Sudlow et al

Filing 12

ORDER entered by Judge Colin Stirling Bruce on 12/18/13. Plaintiff's Complaint is dismissed. Dismissal shall count as one of three allotted strikes. Plaintiff must pay the full $350 docketing fee. The agency having custody of Plaintiff shall make monthly payments to the Clerk of Court as directed in the Court's prior Order. Any appeal must be filed with this Court within 30 days of the entry of judgment and will be liable for the $505 appellate filing fee irrespective of outcome of appeal. Case is closed and clerk is directed to enter judgment. See written Order. Copy to Sherwin Alonzo via Menard CC's scanning system; copy mailed to Menard CC, Records Dept. (TC, ilcd)

E-FILED

Wednesday, 18 December, 2013 11:46:21 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
SHERWIN ALONZO,

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) No.: 13-2192-CSB-DGB
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Plaintiff,
v.

OFFICER SUDLOW and
KEITH O. ANGLIN,
Warden of Danville Correctional
Center,
Defendants.

ORDER
COLIN S. BRUCE, U.S. District Judge:
This cause is before the Court sua sponte.
On October 3, 2013, the Court denied Plaintiff Sherwin Alonzo’s motion for leave to file
an Amended Complaint. However, the Court gave Alonzo one more opportunity to file a proper
amended complaint, giving him 21 days to do so.
As of today, Alonzo has not filed an Amended Complaint. Because Alonzo’s Original
Complaint and his proposed Amended Complaint fail to state a cause of action upon which relief
can be granted and because Alonzo has failed to file a Second Amended Complaint (after being
given the opportunity to do so) that states a claim upon which relief can be granted, this case is
dismissed.

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IT IS, THEREFORE, ORDERED that:
1.

Plaintiff Sherwin Alonzo’s Complaint is dismissed for failure to state a claim

pursuant to Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915A. Any further
amendment to the Complaint would be futile because Plaintiff’s claim is not cognizable.
2.

This dismissal shall count as one of Plaintiff’s three allotted “strikes” pursuant to

28 U.S.C. Section 1915(g).
3.

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.
4.

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. 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.
5.

This case is, therefore, closed, and the clerk is directed to enter a judgment

pursuant to Federal Rule of Civil Procedure 58. The Clerk of the Court is directed to
record Plaintiff’s strike in the three-strike log. All pending motions are DENIED as moot.

Entered this 18th day of December 2013.

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s/Colin S. Bruce______________
COLIN S. BRUCE
UNITED STATES DISTRICT JUDGE

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