Custer v. Eddlemon et al
| John Custer |
| Blain Eddlemon, Russell Owens, . Renolds, Gladney Duran, . Hart-Peirson, . Hoffman and Bernice Young |
| 1:2023cv01226 |
| June 12, 2023 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| 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 August 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 JUDGMENT entered. (ANW) |
TEXT ORDER entered by Judge James E. Shadid on 8/9/2023. On June 12, 2023, Plaintiff filed a Complaint #1 and a Petition to Proceed in forma pauperis #3 . The Court was required to determine if Plaintiff made the requisite showing that he was under imminent danger of serious physical injury because he had accumulated three strikes under 28 U.S.C. 1915(g). On June 13, 2023, the Court denied Plaintiff's Petition because it did not appear that he was under imminent danger of serious physical injury. The Court ordered Plaintiff to pay the filing fee in full by July 5, 2023, and warned Plaintiff that failing to do so would result in the dismissal of this case without prejudice. (See Order, Doc. #5 ). On July 18, 2023, the Court extended Plaintiff's deadline to pay the filing fee to August 1, 2023. (d/e 7/18/2023). 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. 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.(ANW)
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| Filing 13 NOTICE of Change of Address by John Custer. Plaintiff's address is Chester Mental Health Center. (SAG) |
| Filing 12 MOTION to Have a Magistrate Judge Hear Case by Plaintiff John Custer. Responses due by 8/21/2023 (SAG) |
| Filing 11 NOTICE of Change of Address by John Custer. New address is Chester Mental Health Center. (SAG) |
| Filing 10 NOTICE of Change of Address by John Custer. New address is Chester Mental Health Center. (SAG) |
| Filing 9 Mail Returned as "Return To Sender", re 7/18/23 Text order. (AEM) |
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TEXT ORDER entered by Judge James E. Shadid on 7/31/2023. The District Clerk received a phone call purporting to be from Plaintiff, stating that he has been transferred to Chester Mental Health Center. The Clerk informed Plaintiff that he must submit a written notice of change of address on the record. Plaintiff is directed to submit a notice of change of address within 14 days of the entry of this Order. Failure to do so may result in dismissal of this action without prejudice for failure to prosecute. The Clerk is to mail a copy of this Order to Plaintiff's address of record, as well as to Plaintiff's attention at Chester Mental Health Center, 1315 Lehmen Dr. Chester, IL 62233. (SAG)
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| Filing 8 AMENDED COMPLAINT against All Defendants, filed by John Custer.(SAG) |
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TEXT ORDER entered by Judge James E. Shadid on 7/18/2023. On June 13, 2023, the Court dismissed Plaintiff's complaint for failure to comply with Fed. R. Civ. P. 8, denied Plaintiff's Petition to Proceed in forma pauperis, and directed Plaintiff to pay the $402 filing fee by July 5, 2023. On July 10, 2023, Plaintiff filed a Motion for Leave to File Amended Complaint #6 and a renewed Petition to Proceed in forma pauperis #7 . Plaintiff's Motion for Leave to File Amended Complaint #6 is GRANTED. The Clerk is directed to file the Amended Complaint and set the merit review deadline 30 days out. Plaintiff's renewed Petition to Proceed in forma pauperis #7 is DENIED for the reasons stated in the prior Order entered on June 13, 2023. (See Doc. #5 ). Plaintiff will be given a final opportunity to pay the $402 filing fee in full within 14 days of this Order. If Plaintiff fails to pay the $402 filing fee in full on or before August 1, 2023, this case will be dismissed without prejudice.(SAG)
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| Filing 7 PETITION for Leave to Proceed in forma pauperis by Plaintiff John Custer. Responses due by 7/24/2023 (AEM) |
| Filing 6 MOTION for Leave to File Amended Complaint by Plaintiff John Custer. Responses due by 7/24/2023 (AEM) |
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Filing 5
ORDER entered by Judge James E. Shadid on 6/13/2023. IT IS THEREFORE ORDERED:1. Plaintiff's Petition to Proceed in forma pauperis #3 is DENIED. Plaintiff must pay the $402 filing fee within 21 days of this Order. If Plaintiff fails to pay the $402 filing fee in full on or before July 5, 2023, this case will be dismissed. 2. Plaintiff's complaint #1 is DISMISSED, without prejudice, for failure to comply with Fed. R. Civ. P. 8. Plaintiff is given leave to file an amended complaint within 21 days. Plaintiff's amended complaint will replace his complaint in its entirety and must contain all allegations against all Defendants. Piecemeal amendments are not accepted. Failure to file a timely amended complaint on or before July 5, 2023, will result in the dismissal of this case, without prejudice, for failure to state a claim. Failure to follow the Court's instructions as stated above will also result in the dismissal of this case. 3. The Clerk is DIRECTED to mail Plaintiff a Section 1983 complaint form. SEE FULL WRITTEN ORDER.(SAG)
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| Filing 4 +++ PRISONER TRUST FUND LEDGER (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by John Custer.(SAG) |
| 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 7/3/2023. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by John Custer.(SAG) (Main Document 1 replaced on 6/12/2023) (SAG). |
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