Bryan v. Ardis
| Gregory A Bryan |
| Jim Ardis |
| 1:2020cv01350 |
| October 13, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2020. A more recent docket listing may be available from PACER.
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| Prisoner Initial Partial Filing Fee received 11/13/2020, in the amount of $ 72.63; receipt number 24626009681 (JMB, ilcd) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 11/16/2020. Plaintiff's motion to dismiss this case voluntarily and to waive filing fee #8 is GRANTED, in part, and DENIED, in part. Plaintiff's motion to dismiss this case voluntarily is granted, and this case will remain closed pursuant to Plaintiff's request and Federal Rule of Civil Procedure 41. Plaintiff's motion to waive the filing fee, however, is denied. Once Plaintiff filed this case, he became responsible to pay the filing fee, and this Court lacks the authority to waive that filing fee. Butler v. Deal, 794 Fed. App'x 542, 544 (7th Cir. Feb. 19, 2020)("The statute, however, forbids outright forgiveness of the obligation to pay the filing fee."). (KE, ilcd)
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| Filing 8 MOTION to Withdraw Complaint and MOTION to Waive Filing Fee by Plaintiff Gregory A Bryan. Responses due by 11/27/2020. (KM, ilcd) |
| Filing 7 JUDGMENT entered. (KE, ilcd) |
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 11/2/2020. Plaintiff's Complaint fails to state a claim upon which relief can be granted. Fed. R. Civ Pro. 12(b); 28 U.S.C. Sec 1915A. This case is closed, and all pending motions are denied as moot. The Clerk is directed to enter a judgment pursuant to Federal Rule of Civil Procedure 58. The Clerk of the Court is directed to record a strike against Plaintiff under the Prison Litigation Reform Act. If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal with this Court within thirty (30) days of the entry of judgment. Fed. R. App. P. 4(a). See written order. (KE, ilcd)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/26/2020. Plaintiff's motion to request counsel #3 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review that the Court will conduct in the near future. (KE, ilcd)
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TEXT ORDER granting #4 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 10/19/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $72.63. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court within 30 days of this order. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall 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, including gifts. 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. Plaintiff is ultimately responsible for ensuring that the initial partial filing fee and required monthly payments are made. Failure to do so may result in dismissal of this case. 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, and to Plaintiff. Prisoner Prepayment due by 11/18/2020 (KE, ilcd)
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| Filing 5 +++ PRISONER TRUST FUND LEDGER by Gregory A Bryan. (KE, ilcd) |
| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Gregory A Bryan.(KE, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/15/2020. 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. (KE, ilcd)
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| Filing 3 MOTION to Request Counsel by Plaintiff Gregory A Bryan. Responses due by 10/27/2020 (KE, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. 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 11/2/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against Jim Ardis, filed by Gregory A Bryan. (Attachments: #1 Envelope)(KE, ilcd) |
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| Plaintiff: Gregory A Bryan | |
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| Defendant: Jim Ardis | |
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