Martin v. Rygh et al
| Bobby Martin |
| James Rygh, . Seipp, Alexander Eddlemon and Peyton Burns |
| 1:2022cv01321 |
| September 20, 2022 |
| U.S. District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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| Filing 5 JUDGMENT entered in a civil case (SAG) |
TEXT ORDER entered by Judge Joe Billy McDade on 11/15/2022. On 9/20/2022, Plaintiff filed a complaint and a petition to proceed in forma pauperis #3 . He failed to sign his petition, however. See Fed. R. Civ. P. 11(a) ("Every pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented."). On 9/21/2022, the Court instructed the Clerk to strike his unsigned petition and directed Plaintiff to file a signed petition within 30 days or to pay the $402.00 filing fee. (d/e 9/21/2022). The Court warned Plaintiff that this case would be dismissed without prejudice if he failed to file a signed petition or pay the filing fee by 10/21/2022. Id. To date, Plaintiff has not complied, nor has he requested an extension of time. Therefore, this case is DISMISSED without prejudice. The Clerk is directed to enter judgment and close this case. Due to the dismissal of this case, Plaintiff's Motion to Request Counsel #4 is MOOT. Plaintiff must still pay the full filing fee even though his case has been dismissed. If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis must set forth the issues Plaintiff plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff chooses to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal.(SAG)
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TEXT ORDER entered by Judge Joe Billy McDade on 9/21/2022. Plaintiff filed a complaint, petition to proceed in forma pauperis, and a motion to request counsel on 9/20/22. Plaintiff failed to sign his #3 petition to proceed in forma pauperis. Federal Rule of Civil Procedure 11 states, "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." Fed. R. Civ. P. 11(a). The Clerk is directed to strike Plaintiff's petition #3 . The Clerk is further directed to provide Plaintiff with a copy of a blank AO 240 form. In order to apply to proceed with this case without prepaying fees or costs, Plaintiff must, within 30 days of this Order, file a signed petition. If Plaintiff fails to file a signed petition or pay the full $402.00 filing fee within 30 days of this Order, this case will be dismissed without prejudice. (SAG)
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| Filing 4 MOTION to Request Counsel by Plaintiff Bobby Martin. Responses due by 10/4/2022 (SAG) |
| Filing 3 STRICKEN PURSUANT TO TEXT ORDER 9/21/2022--PETITION TO PROCEED IN FORMA PAUPERIS, filed by Bobby Martin.(SAG) Modified on 9/21/2022 (SAG). |
| Filing 2 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 Peoria Division, 100 NE Monroe Street, Peoria, IL 61602. Merit Review Deadline set for 10/11/2022. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Bobby Martin.(SAG) |
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