Wilson v. Macon County Jail
| Nick Wilson |
| Macon County Jail |
| 2:2021cv02073 |
| April 9, 2021 |
| U.S. District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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TEXT ORDER entered by Judge James E. Shadid on 6/4/2021. Plaintiff has been granted leave to proceed in forma pauperis, but he must pay an initial partial filing fee of $82.20. See May 24, 2021, Text Order. The Court has entered an order directing Plaintiff's facility "to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court within 30 days of this order." See May 24, 2021, Text Order. Plaintiff's current facility, the Macon County Jail, was also directed to continue making payments toward the payment of the entire filing fee pursuant to the statutory requirements. See May 24, 2021, Text Order. Plaintiff has submitted a letter which has been filed as a motion #8 . Plaintiff says he added money to his jail account, but jail officials have refused to pay the fee telling Plaintiff they "are not a bank" and he must contact his attorney #8 . Therefore, he asks the Court to order the jail to make the payments. The Court has already entered an order directing Macon County Jail staff to make the required payments when funds are available. See May 24, 2021, Text Order. Therefore, Plaintiff's motion is denied #8 . For clarification of the record, the Clerk is to send another copy of the May 24, 2021, Text Order to the Macon County Jail to the attention of both the Trust Fund Office and the Jail Administrator. Payment of the initial partial filing fee is due on June 24, 2021. See May 24, 2021 Order. (SAG)
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| Filing 8 MOTION filed in letter form by Plaintiff Nick Wilson. Responses due by 6/17/2021 (JS) |
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TEXT ORDER granting #7 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 $82.20. 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 6/23/2021. Entered by Judge James E. Shadid on 5/24/2021. (SAG)
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| Filing 7 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Nick Wilson.(JS) |
| Filing 6 +++ PRISONER TRUST FUND LEDGER. (JS) |
| Filing 5 Letter from Clerk of Court to Macon Co. Jail Trust Fund Dept. requesting ledgers 10/9/2020 through 4/9/2021 (SAG) |
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TEXT ORDER entered by Judge James E. Shadid on 5/5/2021. On April 9, 2012, Plaintiff filed a complaint, but failed to pay the filing fee or file a motion to proceed in forma pauperis (IFP). On April 12, 2021, the Court advised Plaintiff he must file an amended complaint providing factual support for his claims, and he must either pay the $402 filing fee in full or file an IFP motion. See April 12, 2021, Text Order. Plaintiff has now filed his proposed amended complaint. However, Plaintiff has filed a blank and unsigned IFP motion #4 . The motion is denied #4 . First, Plaintiff must sign any document he files with this Court demonstrating he reviewed the contents and intended to file the document. Second, Plaintiff must fill out the IFP form and answer all questions accurately providing his financial information. For instance, has Plaintiff received any money from any source including gifts? The Court will allow Plaintiff one final extension of time. Plaintiff MUST either pay the $402 filing fee in full or file a complete, signed IFP application on or before May 26, 2021, or his case will be dismissed. The Clerk is to provide Plaintiff with another IFP application.(SAG)
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| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Nick Wilson.(DS) |
| Filing 3 MOTION for Leave to File Amended Complaint filed by Nick Wilson.(DS) Modified on 5/4/2021 to correct event (SAG). |
| TEXT ORDER entered by James E. Shadid on 4/12/2021. Plaintiff has filed a Complaint but has not paid the $402 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $402 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. In addition, Plaintiff's complaint is a paragraph which does not provide time frames, nor does it state who was responsible for his allegations. Plaintiff must state when he was at the jail, where he was housed in the jail, and who specifically knew about his living conditions, but took no action. For instance, did Plaintiff complain to any officers about his cell? Therefore, Plaintiff must also file an amended complaint within 21 days more clearly stating his claims. If Plaintiff is unsure of the name of any Defendant, he must provide a description such as job title, male or female, hours worked, etc. The Clerk is to provide Plaintiff with a complaint form to assist him.(SAG) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. 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 4/29/2021. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 COMPLAINT against Macon County Jail, filed by Nick Wilson.(SAG) |
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