Hosea v. Social Security Administration et al
| Jason Hosea |
| Social Security Administration, OSF St Joseph Medical Center, Even Sook Chung and Sara Braun |
| 1:2024cv01060 |
| February 1, 2024 |
| 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 |
| None |
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| Document Text |
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TEXT ONLY ORDER entered by Judge James E. Shadid on 2/6/2024. Plaintiff, a non-prisoner, has filed a complaint, motion for leave to proceed in forma pauperis ("IFP") #2 , and motion for recruitment of pro bono counsel #3 . Plaintiff may proceed under the IFP statute, 28 U.S.C. 1915(a)(1), if he demonstrates that he is actually indigent and if he states an actionable and non-frivolous claim against a defendant who is not immune from suit. 1915(e)(2). Plaintiff fails to establish the threshold requirement of indigency as he has filed an essentially blank IFP petition, not disclosing income or expenses of any kind. Plaintiff has a history of not following the Court's orders and, on 7/21/15, was sanctioned in Hosea v. Advocate Bromen Medical Center, et al, No. 15-1253 (C.D. Ill. June 19, 2015), for filing a series of frivolous lawsuits. There, the Court expressly ordered Plaintiff to pay the full filing fee in that case before initiating any new lawsuits. (Doc. 4 at 4). Plaintiff did not make any payment on the filing fee and initiates a new lawsuit here. The Court is aware that the 7th Circuit has found that "[p]erpetual orders are generally a mistake," regularly imposing a two year limit on filing restrictions. See Support Sys. Int'l, Inc. v. Mack, 45 F.3d 185, 186 (7th Cir. 1995). The restriction against Plaintiff were entered 9 years ago so the Court will exercise leniency, though mindful that Plaintiff has not explained his failure to make any payments on No. 15-1253 and compounds this by requesting IFP status here without disclosing his income or expenses. Accordingly, Plaintiff will have 30 days in which to pay the full $405 filing fee or to provide a properly completed IFP petition. If Plaintiff files an IFP petition which does not establish indigence, he will be ordered to pay this filing fee in full and will be prohibited from future filing until this is done. See Wheeler v. Talbot, 695 F. App'x 151, 155 (7th Cir. 2017). #2 and #3 are DENIED without prejudice.(DS)
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| Filing 3 MOTION to Request Counsel by Plaintiff Jason Hosea. Responses due by 2/15/2024 (TK) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jason Hosea. Responses due by 2/15/2024 (TK) |
| Filing 1 COMPLAINT against All Defendants, filed by Jason Hosea.(TK) (Additional attachment(s) added on 2/5/2024: #1 Envelope) (TK). |
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