Gaines v. Melvin et al
| Georgio Gaines |
| Nurse Tracy, Nurse Sherry, Nurse Jade, Michael Melvin, Nurse Laura, Unidentified S.O.R.T. Officers, Sgt. Drysdale and Susan Prentace |
| 1:2018cv01373 |
| October 11, 2018 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 4, 2018. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Joe Billy McDade on 12/4/2018. Plaintiff's Petition to Proceed in Forma Pauperis #7 is DENIED. Plaintiff's trust fund ledger #8 reflects an approximate average balance of over $1,200 for the past six months and a final balance of $1,559.54 as of November 27, 2018. Because Plaintiff had not shown that he is impoverished, Plaintiff is directed to pay the $400 filing fee within fourteen days of the entry of this order. See Merritte v. Templeton, 493 F. App'x 782, 784 (7th Cir. 2012) ("A litigant wishing to proceed in forma pauperis must show that he is unable to pay required filing fees.").(JS, ilcd)
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| Filing 9 Renewed MOTION for Recruitment of Counsel by Plaintiff Georgio Gaines. Responses due by 12/17/2018 (JS, ilcd) |
| Filing 8 +++ PRISONER TRUST FUND LEDGER by Georgio Gaines. (JS, ilcd) |
| Filing 7 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Georgio Gaines.(JS, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 11/19/18. After Plaintiff filed a complaint #1 , the Court directed him to pay the filing fee or file a petition to proceed in forma pauperis #6 . Plaintiff filed a motion to issue a court order #4 , requesting that this Court direct the Pontiac Correctional Center ("Pontiac") Trust Fund Office to issue a check to satisfy the entire filing fee. Plaintiff's motion to issue a court order #4 is DENIED. Plaintiff should contact the Pontiac Trust Fund Office and authorize payment to satisfy the filing fee. Within 21 days of the entry of this order, Plaintiff must pay the filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. 1914. Plaintiff's motion for appointment of counsel #5 is DENIED, with leave to renew upon demonstrating that he attempted to hire his own counsel. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). This typically requires writing to several lawyers and attaching the responses received. Although Plaintiff states that he appended pertinent responses to his complaint, no such responses exist. If Plaintiff renews his motion, he should also provide his education level, prison classes he has completed, employment history in and out of prison, and prior litigation experience, if any. Plaintiff's motion for production of electronically stored information #3 , is DENIED as premature. In his filing, Plaintiff requests that this court seize all Pontiac video surveillance from February 21 to 22, 2018, to prevent its destruction but provides no reason why such material would be destroyed. See Pentinmaki v. Morgan, No. 10-CV-194, 2010 WL 2197212, at *1 (W.D. Wis. May 28, 2010) (denying a request to preserve evidence before initial screening under 28 U.S.C. 1915A where the plaintiff did not provide a reason why correctional facility video and sound recordings would be destroyed).(FDS, ilcd)
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Filing 6
TEXT ORDER entered by Judge Joe Billy McDade on 10/11/2018. Plaintiff has filed a Complaint but has not paid the $400 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $400 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis.(JS, ilcd)
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| Filing 5 MOTION for Appointment of Counsel by Plaintiff Georgio Gaines. Responses due by 10/25/2018 (JS, ilcd) |
| Filing 4 MOTION to the Court to Issue Court Order by Plaintiff Georgio Gaines. Responses due by 10/25/2018 (JS, ilcd) |
| Filing 3 MOTION for Production of Electronically Stored Information by Plaintiff Georgio Gaines. Responses due by 10/25/2018 (JS, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. Effective immediately, all documents should be mailed or scanned to the Peoria Division,100 NE Monroe Street,Peoria,IL 61602. Merit Review Deadline set for 10/31/2018. (Attachments: #1 Notice Regarding Privacy Issues)(JS, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Georgio Gaines. (Attachments: #1 Exhibit, #2 Proof of Service)(JS, ilcd) |
| Set/Reset Deadlines: Miscellaneous Deadline 11/1/2018 (JS, ilcd) |
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