Ellison v. Illinois Dept of Corrections et al

Filing 8

ORDER DISMISSING CASE. Signed by Judge J. Phil Gilbert on 5/29/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BENNIE K. ELLISON,
No. R00575,

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Plaintiff,
vs.
ILLINOIS DEPT. OF CORR., et al.,
Defendants.

Case No. 14-cv-00581-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
Plaintiff Bennie K. Ellison, an inmate in Lawrence Correctional Center, brings this action
for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983 (Doc. 1). Ellison
alleges that he was subjected to excessive force on various occasions since January 2014, while
housed at Stateville Correctional Center, and that he has since been denied medical care for the
resulting injuries, which include an apparently dislocated shoulder. Now housed at Lawrence
Correctional Center, Ellison also seeks a temporary restraining order and “911 Help!” (Doc. 5).
Suit was initiated in the Central District of Illinois and subsequently transferred to this
judicial district. United States District Judge Michael M. Mihm reasoned that, because Ellison is
a “three striker” under 28 U.S.C. § 1915(g), the only claim that could possibly be actionable
would be a claim regarding his current medical care at Lawrence Correctional Center, in the
Southern District of Illinois (Doc. 5/20/2014).
Ellison not only has more than three strikes for purposes of 28 U.S.C. § 1915(g), by order
dated February 18, 2014, Ellison was restricted from filing any new civil actions in this court
until he has paid all filing fees owed in the Southern District of Illinois. See Ellison v. Hodge,
Page 1 of 2

Case No. 13-cv-453-JPG, Doc. 9 (S.D. Ill. Feb. 18, 2014). As of this date, Ellison owes
$1,265.92 (see Case Nos. 13-cv-453; 13-cv-1185 (district court case and appeal)).
Consequently, this case will be administratively closed. Had it not been transferred from the
Central District, the Clerk of Court would have returned Ellison’s complaint and motion for
injunctive relief, pursuant to the Court’s February 18, 2014, order.
IT IS HEREBY ORDERED that, for the reasons stated, the Clerk of Court shall
administratively CLOSE this case and terminate all pending motions, pursuant to the Court’s
order in Ellison v. Hodge, Case No. 13-cv-453-JPG, Doc. 9 (S.D. Ill. Feb. 18, 2014). No filing
fee will be collected, and no strike will be assessed for purposes of 28 U.S.C. § 1915(g).
The Clerk of Court is DIRECTED to correct Ellison’s address of record to reflect that he
is housed at Lawrence Correctional Center (see Doc. 1, p. 3), not at Stateville Correctional
Center, which is the return address on the envelope in which the complaint was sent.
IT IS SO ORDERED.
DATED: May 29, 2014
s/ J. Phil Gilbert
United States District Judge

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