Chavez Burtton v. Livingston County Jail
| Trevor Chavez Burtton |
| Livingston County Jail, . Burns, . Draper, Tony Childress, Livingston County Dietian and Keasha Burns |
| 1:2022cv01114 |
| April 6, 2022 |
| US District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2022. A more recent docket listing may be available from PACER.
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TEXT ORDER granting #7 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $50.80. 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 7/5/2022. Entered by Judge Michael M. Mihm on 6/3/2022. (SAG)
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| Filing 10 +++ PRISONER TRUST FUND LEDGER. (AH) (Main Document 10 replaced on 6/3/2022) (SAG). |
| Filing 9 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 5/31/2022. (SAG) |
| Filing 8 AMENDED COMPLAINT against All Defendants, filed by Trevor Chavez Burtton.(SAG) |
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TEXT ORDER entered by Judge Michael M. Mihm on 5/17/2022. On April 6, 2022, Plaintiff filed a Complaint #1 against the Livingston County Jail. On April 7, 2022, the Court entered a text order directing Plaintiff to pay the $402 filing fee in full or file a Petition to Proceed in forma pauperis (IFP) with attached trust fund ledgers for the last 6 months. The Court warned Plaintiff that failure to comply without good cause would result in the dismissal of this case without prejudice, and Plaintiff would still be responsible for payment of the filing fee. On May 2, 2022, the Court dismissed this case without prejudice due to Plaintiff's failure to pay the filing fee or file a Petition to Proceed IFP. The Court entered judgment #3 and closed the case. On May 16, 2022, Plaintiff filed a Motion for Reconsideration #4 of the Court's dismissal order, stating that he never received anything ordering him to pay the filing fee or to file a Petition to Proceed IFP because the Jail might have been withholding his mail. He states that he received "the packet and your letter today May 7th 2022." The Court finds Plaintiff has shown good cause to re-open his case. #4 is GRANTED. Plaintiff also files an Amended Complaint #5 , a Motion to Request Counsel #6 , and a Petition to Proceed IFP #7 , but he did not attach a trust fund ledger. Plaintiff's Motion for Leave to File Amended Complaint #5 is GRANTED. The Clerk is hereby directed to file the Amended Complaint and set the merit review deadline 30 days out. Plaintiff's Motion to Request Counsel #6 is DENIED. The Court does not have authority to require an attorney to accept pro bono appointments on civil cases such as this, and Plaintiff must attempt to secure counsel on his own. Pruitt v. Mote, 503 F.3d 647, 653-55 (7th Cir. 2007). Plaintiff fails to demonstrate that he made a good faith effort to obtain counsel to represent him. If Plaintiff renews his motion, he is to provide additional copies of the letters sent to, and received from, prospective counsel. The Court reserves ruling on Plaintiff's Motion to Proceed IFP #7 . The Clerk is directed to request a copy of his trust fund ledger.(SAG)
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| Filing 7 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Trevor Chavez Burtton.(SAG) |
| Filing 6 MOTION to Request Counsel by Plaintiff Trevor Chavez Burtton. Responses due by 5/31/2022 (SAG) |
| Filing 5 MOTION for Leave to File by Plaintiff Trevor Chavez Burtton. Responses due by 5/31/2022 (Attachments: #1 exhibits, #2 envelope)(SAG) |
| Filing 4 MOTION for Reconsideration re Text Order entered 5/2/2022 by Plaintiff Trevor Chavez Burtton. Responses due by 5/31/2022 (SAG) |
| Filing 3 VACATED PURSUANT TO TEXT ORDER 5/17/2022--JUDGMENT entered in a civil case (SAG) Modified on 5/17/2022 (SAG). |
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TEXT ORDER entered by Judge Michael M. Mihm on 5/2/2022. On April 6, 2022, Plaintiff filed a complaint but did not pay the $402 filing fee or file a petition to proceed in forma pauperis (IFP). On April 7, 2022, the Court ordered Plaintiff to pay the $402 filing fee in full or file a petition to proceed IFP with attached trust fund ledgers for the last 6 months. The Court warned that failure to comply without good cause would result in the dismissal of this case without prejudice. (d/e 4/7/2022). To date, Plaintiff has not paid the filing fee or filed a petition to proceed IFP. Therefore, this case is DISMISSED, without prejudice. Plaintiff remains responsible for paying the filing fee in this case. (SAG)
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| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Michael Mihm. 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 4/27/2022. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
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TEXT ORDER entered by Judge Michael M. Mihm on 4/7/2022. Plaintiff has filed a Complaint but has not paid the $402 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $402 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. (SAG)
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| Filing 1 COMPLAINT against Livingston County Jail, filed by Trevor Chavez Burtton.(SAG) |
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