Anaya v. United States Federal Bureau of Prisons et al
| Martin Anaya |
| United States Federal Bureau of Prisons, K. Bennett, . Smythe, . Lewis and . Burns |
| 1:2024cv01080 |
| February 21, 2024 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
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| Filing 6 JUDGMENT entered. (ANW) |
Filing 5
MERIT REVIEW ORDER Entered by Judge Colin Stirling Bruce on 3/21/24. IT IS, THEREFORE, ORDERED: 1. Plaintiff's Complaint is DISMISSED WITH PREJUDICE for failure tostate a claim upon which relief can be granted, and any attempt to amend hisComplaint would be futile. Fed. R. Civ. P. 12(b)(6); 28 U.S.C. 1915A.2. Accordingly, the Clerk of the Court is directed to enter judgment inDefendants' favor and against Plaintiff, and the Clerk of the Court should record thiscase as a potential "strike" for Plaintiff under the Prison Litigation Reform Act.3. All other pending motions are denied as moot, and this case is closed. Alldeadlines and settings on the Court's calendar are vacated. 4. If he wishes to appeal this judgment, Plaintiff must file a notice ofappeal with this Court within thirty (30) days of the entry of judgment. Fed. R. App.P. 4(a)(4).5. If he wishes to proceed in forma pauperis on appeal, Plaintiff's motionfor leave to appeal in forma pauperis must identify the issues that he will present onappeal to assist the Court in determining whether the appeal is taken in good faith.Fed. R. App. P. 24(a)(1)(c); Celske v. Edwards, 164 F.3d 396, 398 (7th Cir. 1999)(anappellant should be given an opportunity to submit a statement of his grounds forappealing so that the district judge "can make a responsible assessment of the issueof good faith."); Walker v. OBrien, 216 F.3d 626, 632 (7th Cir. 2000)(providing that agood faith appeal is an appeal that "a reasonable person could suppose... has somemerit" from a legal perspective).6. If he chooses to appeal, Plaintiff will be liable for the $605.00 appellatefiling fee regardless of the outcome of the appeal. SEE FULL WRITTEN ORDER. (ANW)
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 3/15/2024. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $15.13. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court within 30 days of this order. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall make monthly payments of 20 percent of the preceding month`s income credited to Plaintiff`s account to the Clerk of Court. Income includes all deposits from any source, including gifts. The agency having custody of the plaintiff shall forward these payments each time Plaintiff`s account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff`s place of confinement, to the attention of the Trust Fund Office, and to Plaintiff. Prisoner Prepayment due by 4/15/2024. (KE)
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| Filing 4 +++ PRISONER TRUST FUND LEDGER by Martin Anaya. (DS) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Martin Anaya. (Attachments: #1 Envelope)(DS) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 3/12/2024. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by Martin Anaya.(ANW) |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 2/21/24. Plaintiff has filed a Complaint but has not paid the $405 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $405 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis.(ANW)
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