Pike v. Rettig et al
| Rashon Markell Pike |
| Charles Rettig, Unknown, Timothy Gribblen and Ursula Dean |
| 1:2021cv01259 |
| September 10, 2021 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Joe Billy McDade |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 5, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Prisoner Initial Partial Filing Fee received 11/5/2021, in the amount of $ 68.36; receipt number 14626041879. (JS) |
TEXT ORDER entered by Judge Joe Billy McDade on 10/26/2021. Plaintiff filed a complaint 1 , a motion for injunctive relief #4 , and a petition to proceed in forma pauperis ("IFP") #3 . The Court granted Plaintiff's IFP petition and imposed a $68.36 initial partial filing fee that remains unpaid. Plaintiff has since filed a "motion for clarification," requesting that the Court delay debiting the fee from his trust fund until after the Court considers Plaintiff pleadings and, if a judgment is entered against Defendants, require them to pay the imposed fee. The Court lacks the authority to grant Plaintiff's request. Title 28 U.S.C. Sec 1915(b) provides that a "prisoner shall be required to pay the full amount of the filing fee[,]" which the Court lacks the authority to alter. See Lucien v. DeTella, 141 F.3d 773, 776 (7th Cir. 1998) (concluding that a district court does not have authority to waive the filing fee or to modify the amount or timing of payments); see also Butler v. Deal, 794 F. App'x 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.") (citing Maus v. Baker, 729 F.3d 708, 709 (7th Cir. 2014)). Accordingly, the Court DENIES Plaintiff's motion for clarification #11 . The Court DIRECTS the Clerk of the Court to provide the trust fund office at Pontiac Correctional Center ("Pontiac") a copy of this Order. Pontiac shall forward the imposed fee to the Clerk within fourteen days of the entry of this Order. (KE)
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| Filing 11 MOTION for Clarification by Plaintiff Rashon Markell Pike. Responses due by 10/18/2021 (KE) |
| Filing 10 +++ PRISONER TRUST FUND LEDGER by Rashon Markell Pike. (KE) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Joe Billy McDade on 9/14/2021. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $68.36. 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. 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 10/14/2021. (KE)
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| Filing 9 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE) |
| Filing 8 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 Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 9/30/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 7 Case transferred in from District of Illinois Southern; Case Number 3:21-cv-00959. . |
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Filing 6
MEMORANDUM AND ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Central District of Illinois. Signed by Judge J. Phil Gilbert on 9/9/2021. (jdh)
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| Filing 5 NOTICE OF MODIFICATION re #4 Motion of Injunction, Motion to Show Cause filed by Rashan Markell Pike. Motion attached to entry. No further action is required by the filer in relation to this notification. (amv) |
| Filing 4 MOTION for Injunction, MOTION for Order to Show Cause by Rashan Markell Pike. (amv) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Rashan Markell Pike. (amv) Modified on 9/10/2021 to correct event. (KE). |
| Filing 2 COMPLAINT against Ursula Dean, Timothy Gribblen, Charles Rettig, Unknown, filed by Rashan Markell Pike. (Attachments: #1 Exhibits)(amv) |
| Filing 1 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 21-959-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (amv) |
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