Lynch v. Kankakee County et al
| Dustin Lynch |
| Kankakee County Jail, Kankakee County Sheriff's Office, . Downey, Marlin Johnson, Kankakee County and . Lawrence |
| 2:2021cv02077 |
| April 12, 2021 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 7 MOTION requesting waiver of fees by Plaintiff Dustin Lynch. Responses due by 6/16/2021 (MAS) |
TEXT ORDER entered by Judge Sue E. Myerscough on 5/24/2021. Plaintiff has not paid the $402.00 filing fee. Accordingly, this case is dismissed without prejudice and closed. No judgment will enter. (KB)
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TEXT ORDER entered by Judge Sue E. Myerscough on 4/21/21: Plaintiff's petition to proceed in forma pauperis is denied. #3 Plaintiff had a total of $1,900 deposits from 10/12/20 to 4/12/21, spending most of that money on commissary items and sending a significant amount of money to someone outside the prison. See Willis v. Dart, 2016 WL 7177756 (7th Cir. 2016) (Affirming dismissal of action for failure to show cause why full filing fee should not be paid where inmate drained $900 in account before filing case). Plaintiff shall pay the $402.00 filing fee by May 20, 2021, or this case will be dismissed, without prejudice, for failure to pay the filing fee. If Plaintiff pays the filing fee, a merit review of the complaint will be conducted pursuant to 28 U.S.C. 1915A to determine whether Plaintiff's allegations state a federal claim. Plaintiff should be aware that a constitutional claim based on the failure to protect a pretrial detainee from an assault must be based on more than negligence. To state a constitutional claim for failure to protect, Plaintiff's allegations must allow a reasonable inference that a defendant acted purposefully or recklessly regarding a substantial risk that Plaintiff would be attacked, and that the defendant's conduct was objectively unreasonable. Wilson v. Cook County, 2020 WL 5642945 (N.D. Ill.).(KB)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER by Dustin Lynch (Attachment: #1 Cover letter) (MAS) |
| Filing 5 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE) |
| Filing 4 MOTION to Request Counsel by Plaintiff Dustin Lynch. Responses due by 4/26/2021 (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Dustin Lynch.(KE) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield,IL 62701.Merit Review Deadline set for 5/3/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Dustin Lynch. (Attachments: #1 Exhibit, #2 Envelope)(KE) |
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