Headrick v. Calloway

Filing 12

SECOND MERIT REVIEW OPINION: Plaintiff's motion for leave to file an amended complaint is granted 67 . However, this action is dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915A. This dismissal shall count as one of th e plaintiff's three allotted "strikes" pursuant to 28 U.S.C. Section 1915(g). Plaintiff must still pay the full filing 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 m otion 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. The clerk is directed to close this case and enter judgment. See WRITTEN SECOND MERIT REVIEW OPINION. Entered by Judge Sue E. Myerscough on 07/25/2018. (SKN, ilcd)

E-FILED

Wednesday, 25 July, 2018 03:11:57 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
JOSHUA S. HEADRICK,
Plaintiff,
v.
VICTOR CALLOWAY,
Defendant.

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17-CV-2254

SECOND MERIT REVIEW OPINION
SUE E. MYERSCOUGH, U.S. District Judge.
Plaintiff proceeds pro se from his incarceration in Danville
Correctional Center. Plaintiff’s original complaint was dismissed for
failure to state a claim, with leave to file an amended complaint.
The Court explained in that dismissal that, generally, short-term
segregation does not violate an inmate’s constitutional rights
because occasional segregation is an expected part of incarceration.
Plaintiff has filed an amended complaint, but the allegations in
the amended complaint still do not suggest that his segregation was
long (in the constitutional sense) or atypical. Plaintiff alleges that
prison officials have placed a chip in his ears which was turned on
during Plaintiff’s segregation in order to disrupt Plaintiff’s nervous
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system and to record Plaintiff’s thoughts or statements. These
allegations are presumably already incorporated in another case
Plaintiff has pending, in which his appointed pro bono counsel has
filed an amended complaint alleging deliberate indifference to
serious mental health needs. Headrick v. Edwards, 16-cv-3003
(C.D. Ill.)
IT IS THEREFORE ORDERED:
1)

Plaintiff's motion for leave to file an amended complaint

is granted. (d/e 67.) However, this action is dismissed for failure to
state a claim pursuant to 28 U.S.C. § 1915A.
2)

This dismissal shall count as one of the plaintiff's three

allotted “strikes” pursuant to 28 U.S.C. Section 1915(g).
3)

Plaintiff must still pay the full filing 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
Page 2 of 3 

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.
5)

The clerk is directed to close this case and enter

judgment.
ENTERED: 7/25/2018
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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