Artis v. Turner et al
| Walter Artis, Jr. |
| . Turner, . Walken and . Johnson |
| 1:2023cv01346 |
| September 13, 2023 |
| US 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 7 JUDGMENT entered. (KE) |
TEXT ORDER entered by Judge Joe Billy McDade on 10/24/2023. Plaintiff filed #3 , a petition to proceed in forma pauperis. Plaintiff asserts therein, under oath, that he has received no income whatsoever-including gifts-in the past 12 months. His prisoner trust fund ledger, however, reveals that Plaintiff has had $3,841.99 in deposits in the five months he has been in custody, which averages $768.40 per month. In the five months he has been in custody, he has spent $3,747.15 at the jail commissary. The Seventh Circuit has "held that a dismissal with prejudice is an appropriate sanction for lying to the court in order to receive a benefit from it, because no one needs to be warned not to lie to the judiciary." See, e.g., Ayoubi v. Dart, 640 F. Appx. 524, 52829 (7th Cir. 2016); see also Fuery v. City of Chicago, 900 F.3d 450, 466 (7th Cir. 2018) ("[I]t goes without saying and hardly needs citation that a court need not warn a plaintiff that it may not lie to a court."); Kennedy v. Huibregtse, 831 F.3d 441, 442 (7th Cir. 2016) (holding that district court's "decision to dismiss with prejudice was proper" where prisoner failed to disclose outside funds). On 9/18/23 the Court ordered Plaintiff to show cause why this action should not be dismissed as a sanction for Plaintiff's false sworn declarations to the Court. See Ayoubi, 640 F. Appx. At 528 (court must notify the litigant of the specific misdeed that is the basis for possible sanctions and allow the litigant an opportunity to respond prior to sanction of dismissal). Plaintiff's deadline was 10/2/23. Plaintiff has not filed a response. This action is DISMISSED WITH PREJUDICE as a sanction for Plaintiff's false assertions under oath regarding his request to proceed without prepayment of fees. Huibregtse, 831 F.3d at 442. All pending motions are MOOT. This action is terminated. Judgment to enter for DefendantsSeparately, the Clerk received a letter from Dorothy A. Artis dated October 16, 2023. Ms. Artis identifies herself as a relative of Plaintiff. Ms. Artis's letter discusses the status of Plaintiff's parental rights. This suit has nothing to do with Plaintiff's parental rights, and Ms. Artis is not a party. The Clerk is directed to return Ms. Artis's letter without filing. (KE)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER (SAG) |
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TEXT ORDER TO SHOW CAUSE entered by Judge Joe Billy McDade on 9/18/2023. Plaintiff filed a Petition to Proceed in Forma Pauperis #3 . Plaintiff asserts, under oath, that he has received no income whatsoever including gifts in the past 12 months. His prisoner trust fund ledger #6 , however, reveals that Plaintiff has had $3,946.38 in deposits in the five months he has been in custody, which averages $789.27 per month. Further, in the five months he has been in custody, he has spent $3,846.30 at the jail commissary. The Seventh Circuit has "held that a dismissal with prejudice is an appropriate sanction for lying to the court in order to receive a benefit from it, because no one needs to be warned not to lie to the judiciary." Ayoubi v. Dart, 640 F. Appx. 524, 52829 (7th Cir. 2016); see also Fuery v. City of Chicago, 900 F.3d 450, 466 (7th Cir. 2018) ("[I]t goes without saying and hardly needs citation that a court need not warn a plaintiff that it may not lie to a court."); Kennedy v. Huibregtse, 831 F.3d 441, 442 (7th Cir. 2016) (holding that district court's "decision to dismiss with prejudice was proper" where prisoner failed to disclose outside funds); Coleman v. Calumet City, 754 F. Appx. 468, 469 (7th Cir. 2019) ("District courts may impose appropriate sanctions, including dismissal of a complaint with prejudice, against litigants who file in forma pauperis applications that contain intentional misrepresentations."); David v. Wal-Mart Stores, Inc., 669 F. Appx. 793, 795 (7th Cir. 2016) ("[D]ismissal with prejudice is an appropriate sanction whenever a plaintiff deceives the district court in an application for pauper status."); Lofton v. SP Plus Corp., 578 F. Appx. 603, 604 (7th Cir. 2014) ("Dismissal with prejudice is an appropriate sanction when a plaintiff tries to deceive the district court by falsifying an IFP application."); Thomas v. Gen. Motors Acceptance Corp., 288 F.3d 305, 30608 (7th Cir. 2002) (upholding dismissal with prejudice as sanction for litigant who lied about income on IFP application). "Before exercising its inherent authority to sanction misconduct, a court must notify the litigant of the specific misdeed that is the basis for possible sanction and allow the litigant an opportunity to respond." Ayoubi, 640 F. Appx. At 528. Plaintiff is directed to show cause by 10/2/23 why this action should not be dismissed with prejudice as a sanction for Plaintiff's false statements, made under penalty of perjury to this federal Court, in his Petition to Proceed in Forma Pauperis #3 . (KE)
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| Filing 5 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 9/27/2023. (ANW) |
| Filing 4 MOTION to Request Counsel by Plaintiff Walter Artis, Jr. Responses due by 9/27/2023 (ANW) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Walter Artis, Jr.(ANW) |
| 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 10/3/2023. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by Walter Artis, Jr.(ANW) |
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