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DUBOIS v. WINNEBAGO COUNTY SHERIFF'S DEPARTMENT

United States District Court, Northern District of Illinois


July 29, 2003

MICHAEL D. DUBOIS
v.
WINNEBAGO COUNTY SHERIFF'S DEPARTMENT, ET AL.

The opinion of the court was delivered by: Phillip Reinhard, District Judge

JUDGMENT IN CIVIL CASE

[ ] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury rendered its verdict.
[ ] Decision by Court, This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED that the plaintiff's motion for leave to file in forma pauperis is granted. However, the complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim, and the case is terminated. The plaintiff's motion for appointment of counsel is denied as moot. The trust fund officer at the plaintiff's place of confinement is authorized and ordered to make deductions from the plaintiff's account and payments to the clerk of court in accordance with the minute order of July 29, 2003. The clerk is directed to mail a copy of this order to the trust fund officer at the East Moline Correctional Center. This dismissal count will not be counted as one of the plaintiff's three allotted dismissals under 28 U.S.C. § 1915(g) as the case is not technically time-barred, but rather is time-barred as a practical matter. [ Page 1]

20030729

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