Gibbons v. Walwarth et al
| Charles Gibbons |
| C/O Ingram, C/O Shaw, C/O Andreson, Sgt Walwarth, C/O Thorn and Sgt Young |
| 2:2018cv02292 |
| November 5, 2018 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 7 MOTION for Leave to File Amended Complaint by Plaintiff Charles Gibbons. Responses due by 12/17/2018 (JRK, ilcd) |
| Filing 6 +++ PRISONER TRUST FUND LEDGER by Charles Gibbons. (VH, ilcd) |
TEXT ORDER granting #4 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $13.13. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to 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. 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. Entered by Judge Joe Billy McDade on 11/26/2018. (VH, ilcd)
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| Filing 5 Letter from CDIL to Vermilion County Public Safety, Attn: Trust Fund Depart, requesting ledgers from 6/5/2018-11/5/2018. (VH, ilcd) |
| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Charles Gibbons.(VH, ilcd) |
| Filing 3 Letter from Charles Gibbons. (VH, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 11/8/2018. Plaintiff sent a letter to the Court alleging that officers employed at the Vermilion County jail violated his constitutional rights. Plaintiff is directed to file a complaint, within thirty (30) days of this order, that complies with Local Rule 5.7(B)(1), which defines "case initiating documents" as "complaints with civil cover sheets." CDIL-LR 5.7(B)(1). Plaintiff's complaint must stand complete on its own without reference to his letter and must provide short and plain statements that identify dates and the specific acts or omissions each defendant was personally responsible for committing, which caused the constitutional deprivation plaintiff alleges. See Childress v. Walker, 787 F.3d 433, 439 (2015) (an individual defendant is liable under 42 U.S.C. 1983, if the plaintiff shows that the defendant was personally responsible for the constitutional violation alleged). The Court cautions plaintiff that raising unrelated claims and unrelated defendants in his complaint violates the controlling principle of Federal Rule of Civil Procedure 18(a). Fed. R. Civ. P. 18(a). In other words, multiple claims against a single defendant are permitted but "Claim A against defendant 1 should not be joined with unrelated Claim B against defendant 2." George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). Any unrelated claims plaintiff pursues must be filed separately, and an additional filing fee will be assessed for each lawsuit. If plaintiff does not file a complaint or follow the Court's guidance as provided in this order, his case may be dismissed. The Court directs the clerk to provide plaintiff a complaint form.(VH, ilcd)
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| 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 11/26/2018. (Attachments: #1 NOTICE REGARDING PRIVACY ISSUES.)(VH, ilcd) |
| Filing 1 COMPLAINT (filed as letter) against All Defendants, filed by Charles Gibbons. (Attachments: #1 Envelope)(VH, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 11/5/2018. Plaintiff has filed a Complaint but has not paid the $400 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $400 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 informa pauperis. (Miscellaneous Deadline 11/26/2018)(VH, ilcd)
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