Stamps v. Erickson et al
| Eugene Lamar Stamps |
| Officer John Doe, Officer Jane Doe, . Erickson, Todd Sworndolff and Kankakee County State's Attorney's Office |
| 2:2019cv02032 |
| February 8, 2019 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 9 MOTION to Amend Complaint #1 by Plaintiff Eugene Lamar Stamps. Responses due by 3/28/19. (TC, ilcd) |
| Filing 8 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Eugene Lamar Stamps. (TC, ilcd) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 2/20/19. Plaintiff filed a petition to proceed in forma pauperis ("IFP") #3 that indicated he was not receiving employment income and did not have funds in a checking or savings account. Plaintiff's petition also indicated that in the past twelve months, he had not received any income from the sources listed therein. Plaintiff signed his petition, affirming he understood that a false statement on his petition may result in a dismissal of his underlying complaint. Plaintiff's trust fund ledger from December 20, 2019 to January 12, 2019, shows that during this brief period, Plaintiff received three deposits totaling $110, and he spent $71. As of January 12, 2019, Plaintiff's trust fund account had a balance of $39. The failure to disclose income on an IFP petition has been viewed as a fraud upon the court. See Kennedy v. Huibregtse, 831 F.3d 441, 443 (7th Cir. 2016) (concluding that the district court properly dismissed plaintiff's suit with prejudice where failure to disclose income when proceeding IFP amounted to a "deliberate, material lie.") Plaintiff petition to proceed IFP #3 is DENIED. However, the Court grants Plaintiff fourteen days to either pay the $400 filing fee or resubmit his petition to proceed IFP, properly disclosing each source of money received, the amount received, and what Plaintiff expects to receive in the future as required by the IFP form. The Court admonishes Plaintiff that if he elects to resubmit a petition to proceed IFP, failure to comply with the Court's directions may result in dismissal of Plaintiff's complaint. See Holly v. Wexford Health Services, Inc., 339 Fed. App'x. 633, 636 (7th Cir. 2009) (concluding that "a court confronted with a false allegation of poverty need not wait for a motion to dismiss and can apply Section 1915(e)(2)(A) sua sponte.") (TC, ilcd)
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| Set/Reset Deadlines: Miscellaneous Deadline for Plaintiff to pay filing fee or submit amended IFP set for 3/6/19. (TC, ilcd) |
| Filing 7 +++ PRISONER TRUST FUND LEDGER. (TC, ilcd) |
| Filing 6 Letter to Kankakee County Detention Center Trust Fund Department from Clerk requesting 6 months trust fund ledgers. (KM, ilcd) |
| Filing 5 MOTION to Request Counsel by Plaintiff Eugene Lamar Stamps. Responses due by 2/22/2019. (KM, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Eugene Lamar Stamps. (KM, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS filed by Eugene Lamar Stamps. (KM, ilcd) |
| 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 2/28/2019. (Attachments: #1 Notice Regarding Privacy Issues) (KM, ilcd) |
| Filing 1 COMPLAINT against All Defendants filed by Eugene Lamar Stamps (Attachments: #1 Envelope). (KM, ilcd) |
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