Messina v. Kennedy et al
| Thomas Messina |
| David Kennedy and Terri Kennedy |
| 1:2019cv01315 |
| September 23, 2019 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 11, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 +++ PRISONER TRUST FUND LEDGER. by Thomas Messina. (DS, ilcd) |
| Filing 8 +++ PRISONER TRUST FUND LEDGER by Thomas Messina. (KE, ilcd) |
| Filing 7 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) |
TEXT ORDER entered by Judge Sue E. Myerscough on 10/1/2019 granting #5 Petition to Proceed In Forma Pauperis. Plaintiff`s trust fund ledgers indicate he has no funds to make an initial partial payment of the filing fee. Pursuant to 28 U.S.C. Section 1915(b)(4), the initial partial filing fee is waived. The agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month`s income credited to Plaintiff`s account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff`s account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff`s place of confinement, to the attention of the Trust Fund Office. (KE, ilcd)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER. by Thomas Messina. (DS, ilcd) |
| Filing 5 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Thomas Messina. (Attachments: #1 Letter)(DS, ilcd) |
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Filing 4
TEXT ORDER entered by Judge Sue E. Myerscough on 9/23/2019. Plaintiff has filed a complaint accompanied by a handwritten petition to proceed in forma pauperis ("IFP") #3 . The Court sua sponte strikes Plaintiff's petition to proceed IFP as inadequate and orders Plaintiff to file an updated application to proceed in forma pauperis (IFP) accompanied by the required six months of trust fund ledgers no later than October 7, 2019. Failure to comply may result in the dismissal of this case if Plaintiff cannot thereafter, pay the full $400 filing fee. The Court admonishes Plaintiff that the failure to disclose income on an IFP petition has been viewed as a fraud upon the court. See Kennedy v. Huibregtse, 831 F.3d 441, 443 (7th Cir. 2016) (concluding that the district court properly dismissed plaintiff's suit with prejudice where failure to disclose income when proceeding IFP amounted to a "deliberate, material lie."). The Seventh Circuit has "held that a dismissal with prejudice is an appropriate sanction for lying to the court in order to receive a benefit from it, because no one needs to be warned not to lie to the judiciary." Ayoubi v. Dart, 640 F. Appx 524, 52829 (7th Cir. 2016). The Clerk of the Court is directed to send Plaintiff the proper application form to assist him. (KE, ilcd)
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| Filing 3 STRICKEN - PETITION TO PROCEED IN FORMA PAUPERIS, filed by Thomas Messina.(KE, ilcd) Modified on 9/23/2019 to show stricken pursuant to text order entered 9/23/2019. (KE, ilcd). |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 10/15/2019. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Thomas Messina.(KE, ilcd) |
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