Taylor v. Haggardy et al
| Kennado K Taylor |
| . Howell, John Doe, Jessica Sullivan, . Petro, . Ramzi, Krastle Carlson, . Jackson, . Haggardy, . Yuhaus and . Caskell |
| 1:2020cv01142 |
| April 6, 2020 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 27, 2020. A more recent docket listing may be available from PACER.
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TEXT ORDER granting #3 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. Entered by Judge James E. Shadid on 4/27/2020. (SAG, ilcd)
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TEXT ORDER entered by Judge James E. Shadid on 4/27/2020. On April 7, 2020, the Court entered a Case Management Order dismissing both Plaintiffs complaint and his Motion for a Temporary Restraining Order. See April 7, 2020 Case Management Order. The Court noted it was difficult to interpret Plaintiffs intended claims. In an effort to assist Plaintiff, he was directed to file a response to several specific questions concerning his need for psych medications. April 7, 2020 Case Management Order, p. 4. Plaintiff was admonished if he failed to file a response on or before April 28, 2020, his case could be dismissed. Plaintiff, a very experienced litigator, has now filed a document entitled Motion to Voluntarily Dismiss Complaint on All Defendants. #7 . Plaintiff begins his motion by stating a psychiatrist has prescribed his requested mediations. The remainder of the motion, while difficult to follow, criticizes the overall mental health care at Pontiac Correctional Center. Finally, Plaintiff asks the Court to waive any unpaid portion of the filing fee. Federal Rule of Civil Procedure 41(a)(1) states that a Plaintiff may voluntarily dismiss his lawsuit without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed.R.Civ.P. 41(a)1(A)i. The Defendants in this case have not yet been served. Therefore, the Plaintiff's motion is granted #7 and his case will be dismissed in its entirety without prejudice. The Court does not have the authority to waive any portion of Plaintiff's filing fee. See Butler v. Deal, 794 Fed.Appx. 542, 544 (7th Cir. 2020)("Courts may allow a plaintiff proceeding in forma pauperis to pay the fee in monthly installments, but they lack statutory authority to waive the fee altogether."). (SAG, ilcd)
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| Filing 7 MOTION to Voluntarily Dismiss by Plaintiff Kennado K Taylor. Responses due by 5/1/2020 (VH, ilcd) |
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Filing 6
CASE MANAGEMENT ORDER entered by Judge James E. Shadid on 4/7/2020. IT IS THEREFORE ORDERED: 1) Plaintiff's complaint is dismissed as a violation of Rule 8 of the Federal Rules of Civil Procedure. #1 2) Within 21 days of this order or on or before April 28, 2020, Plaintiff must respond to the specific questions outlined in this order. If Plaintiff fails to provide a response on or before April 28, 2020, or fails to follow the Court's specific directions, his case will be dismissed with prejudice. 3) Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction is denied. #5 . SEE FULL WRITTEN ORDER.(SAG, ilcd)
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| Filing 5 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiff Kennado K Taylor. Responses due by 4/20/2020 (SAG, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER. by Kennado K Taylor (SAG, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Kennado K Taylor.(SAG, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. 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 4/27/2020. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Kennado K Taylor.(SAG, ilcd) |
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