Walls v. John Does 1-5
| Jeffrey Ray Walls |
| John Does 1-5 |
| 1:2023cv01340 |
| September 8, 2023 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 3 JUDGMENT IN A CIVIL ACTION. (JS) |
TEXT ONLY ORDER: The Court denied Plaintiff's Motion #2 for Leave to Proceed in forma pauperis on the grounds that the Plaintiff provided insufficient financial information to establish indigency. See Text Order Dated September 19, 2023. But the Court granted Plaintiff 30 days to either refile his motion with adequate financial information or pay the filing fee. Plaintiff has yet to take any additional action in this case, and the deadline to do so has since passed. Accordingly, Plaintiff's Complaint #1 is dismissed without prejudice and the Clerk is directed to close this case. Entered by Judge James E. Shadid on 10/24/2023. (JS)
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TEXT ONLY ORDER: Plaintiff has filed a complaint #1 and petition to proceed in forma pauperis #2 , attesting to having no sources of income in the last 12 months, or any other savings whatsoever. Plaintiff does not identify any housing, transportation, or monthly expenses. The IFP request is reviewed under 28 U.S.C. 1915 which is designed to ensure indigent litigants meaningful access to the federal courts. See Neitzke v. Williams, 490 U.S. 319, 327 (1989). The court must deny an IFP request, however, if: (1) the allegation of poverty is untrue; (2) the action is frivolous; (3) the action fails to state a claim; or (4) the action seeks monetary relief against an immune defendant. 28 U.S.C. 1915(e)(2). In the Complaint, Plaintiff pleads that his civil rights were violated when Bloomington police officers [1 at 4], currently named as Doe defendants, "attempt[ed] to snatch the plaintiff's[sic] phone as he recorded the defendants[sic] conduct, pepper spraying the plaintiff, violently tackling the plaintiff and retrieving the plaintiff and turning off the video recording, making it impossible to record the defendant's conduct." [1 at 3]. Plaintiff also alleges that he was denied medical treatment by the defendants while in custody of the Bloomington Police Department. [1 at 5]. However, Plaintiff's failure to identify any income, living expenses, and other information as required in his request for IFP causes the Court to question the accuracy and, perhaps, the veracity of Plaintiff's petition. Accordingly, #2 is DENIED with leave to re-file, providing more information, within 30 days. If Plaintiff refiles, the Court will review the sufficiency of the Complaint under 28 U.S.C. 1915(e)(2). In the alternative, Plaintiff must pay the $402.00 filing fee within 30 days. Entered by Judge James E. Shadid on 9/19/23. (FDS)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jeffrey Ray Walls. Responses due by 9/22/2023 (FDS) |
| Filing 1 COMPLAINT against John Does 1-5 filed by Jeffrey Ray Walls. (Attachments: #1 Civil Cover Sheet (Blank), #2 Proposed Summons)(FDS) |
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| Plaintiff: Jeffrey Ray Walls | |
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| Defendant: John Does 1-5 | |
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