MERIT REVIEW ORDER entered by Judge James E. Shadid on 11/27/2019. IT IS THEREFORE ORDERED: 1) The Court DISMISSES Plaintiff's complaint (Document 1) without prejudice under 28 U.S.C. 1915A(b)(1) for failure to state a federal claim on which relief ma y be granted. Any amendment to the complaint would be futile for the reasons stated. This case is, therefore, closed. The Clerk of the Court ("Clerk") is directed to enter a judgment pursuant to Fed. R. Civ. P. 58. 2) Accordingly, the C ourt DENIES as moot Plaintiff's remaining motion regarding recruitment of counsel (Document 3) , service of process (Document 4) , injunctive relief (Document 5) , and status (Document 13) . 3) Plaintiff must still pay the full docketing fee of $350 even though the Court has dismissed the case. The agency having custody of Plaintiff shall continue to make monthly payments to the Clerk, as outlined in the Court's September 20, 2019, order granting Plaintiff's petition to proceed in forma pauperis. Therefore, the Court DENIES Plaintiff's motion requesting a modification of the Court instructions regarding the collection of Plaintiff's partial filing fee (Document 14) . 4) If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal wit h 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. See Fed. R. App. P. 24(a)(1)(C). If Plaintiff chooses to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal. SEE FULL WRITTEN ORDER.(SAG, ilcd)
Nov 27, 2019
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