Austin v. Taylor Chrysler Dodge Inc et al
| Donald Austin |
| Taylor Chrysler Dodge Inc, Taylor Chrysler Dodge Jeep Ram, Taylor Chrysler Plymouth Dodge Inc and Taylor Chrysler Jeep Dodge |
| 2:2019cv02066 |
| March 18, 2019 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on July 15, 2019. A more recent docket listing may be available from PACER.
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Filing 5
ORDER TO SHOW CAUSE entered by Magistrate Judge Eric I. Long on 7/15/2019. The Court orders Plaintiff to show cause as to why this matter should not be dismissed for failing to serve the summons. See written order. Show Cause Response due by 7/29/2019. (JMB, ilcd)
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 4/15/2019. Plaintiff's Motion for Reconsideration #4 is DENIED. The Court, recognizes, however, that the alleged circumstances surrounding this case may have impacted the availability of Plaintiff's funds. Plaintiff will be permitted to pay the filing fee over a period of 6 months. Plaintiff shall pay the $400.00 filing fee by no later than October 15, 2019. Failure to do so will result in Plaintiff's case being dismissed. Plaintiff is advised that as a fee-paying Plaintiff, he is responsible for serving summons on all Defendants. See L.R. 16.3(D). (KE, ilcd)
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| Set/Reset Deadlines: Miscellaneous Deadline (Filing Fee Due): 10/15/2019 (KE, ilcd) |
| Filing 4 MOTION for Reconsideration re Text Order on Motion for Leave to Proceed in forma pauperis, filed by Plaintiff Donald Austin. Responses due by 4/23/2019. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Certificate of Service)(DS, ilcd) |
| Filing 3 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Defendants on 3/23/2019 by Plaintiff. (KE, ilcd) Modified on 4/4/2019 to show Plaintiff mailed it to Defendants. (KE, ilcd). |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/19/19. On March 18, 2019, Plaintiff filed a Motion for Leave to Proceed in forma pauperis #2 . Plaintiff's Motion indicates that Plaintiff receives $7,000 a month in income from self-employment, as well as $1,102.49 a month in retirement income and $3,227.58 a month in disability payments. Plaintiff's spouse also receives $875 a month in disability payments. Plaintiff has $2,640.16 in his checking account. Plaintiff owns a home with an estimated value of $189,000, and three vehicles worth a total of $31,000. Plaintiff also reports that the IRS owes him $2,000. A litigant wishing to proceed in forma pauperis must show that he is unable to pay required filing fees. 28 U.S.C. Section 1915(a)(1). Courts have wide discretion to decide whether a litigant is impoverished. Merritte v. Templeton, 493 Fed. Appx. 782, 784 (7th Cir. 2012). Although Plaintiff reports a large amount of monthly expenses, these expenses include $300 for his spouse's clothing and entertainment budget, as well as $632 for "other" expenses that Plaintiff fails to define. Considering Plaintiff's income stream of over $11,000 per month, as well as the value of his assets, the Court cannot determine that Plaintiff is impoverished. Accordingly, Plaintiff's Motion for Leave to Proceed in forma pauperis #2 is DENIED. Plaintiff is required to pay the filing fee by the close of business on April 9, 2019, if he wishes to proceed with his Complaint. If Plaintiff does not pay the filing fee by April 9, 2019, Plaintiff's Complaint will be dismissed without prejudice. (KM, ilcd)
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| Set/Reset Deadlines: Miscellaneous Deadline set 4/9/2019 for payment of filing fee. (KM, ilcd) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Donald Austin. Responses due by 4/1/2019. (KM, ilcd) |
| Filing 1 COMPLAINT against All Defendants filed by Donald Austin. (Attachments: #1 Complaint Part 2, #2 Civil Cover Sheet) (KM, ilcd) |
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