Garnett v. Downey et al
| Barron Garnett |
| Michael Downey, Kankakee County, Jerome Combs Detention Center, Chad Kolitwenzew, Eddie Jones, Elizabeth Delong, Wesley Andrews, Illinois Bone and Joint Institute and Kankakee County Medical Department |
| 2:2023cv02230 |
| October 19, 2023 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 JUDGMENT entered. (KE) |
TEXT ORDER entered by Judge Joe Billy McDade on 12/11/2023. Plaintiff filed a Petition to Proceed in Forma Pauperis #3 . Plaintiff states, under oath, that he has received no income whatsoever including gifts in the past 12 months. His prisoner trust fund ledger #5 , however, reveals that Plaintiff has had regular cash deposits to his account each of the past five months from individuals. Though these deposits have not been large amounts of money, it is the Court's job to determine when a person is entitled to proceed without prepayment of fees. Accurate reporting of finances is by litigants is mandatory. The Seventh Circuit has "held that a dismissal with prejudice is an appropriate sanction for lying to the court in order to receive a benefit from it, because no one needs to be warned not to lie to the judiciary." See, e.g., Ayoubi v. Dart, 640 F. Appx. 524, 52829 (7th Cir. 2016); see also Fuery v. City of Chicago, 900 F.3d 450, 466 (7th Cir. 2018) ("[I]t goes without saying and hardly needs citation that a court need not warn a plaintiff that it may not lie to a court."); Kennedy v. Huibregtse, 831 F.3d 441, 442 (7th Cir. 2016) (holding that district court's "decision to dismiss with prejudice was proper" where prisoner failed to disclose outside funds). On 10/30/23 the Court ordered Plaintiff to show cause why this action should not be dismissed as a sanction for Plaintiff's false sworn declarations to the Court. See Ayoubi, 640 F. Appx. At 528 (court must notify the litigant of the specific misdeed that is the basis for possible sanctions and allow the litigant an opportunity to respond prior to sanction of dismissal). Plaintiff's initial deadline to show cause was 11/13/23 and was then extended to 12/8/23. Plaintiff has not filed a response to the Order to Show Cause. This action is DISMISSED WITH PREJUDICE as a sanction for Plaintiff's false assertions under oath regarding his request to proceed without prepayment of fees. Huibregtse, 831 F.3d at 442. All pending motions are MOOT. This action is terminated. Judgment to enter for Defendants. (KE)
|
|
TEXT ORDER : The Court has been advised of circumstances leading to Plaintiff's request that deadline to Show Cause set by the Court on 10/30/23 be extended until after 11/24/23. Request Granted. Show Cause Response is now due by by 12/8/2023. Entered by Judge Joe Billy McDade on 11/15/23. (JA)
|
| Filing 8 Mail Returned as Undeliverable re 10/30/23 Text Order. Mail sent to Barron Garnett (FDS) |
| Filing 7 Mail Returned as Undeliverable re 10/24/23 Text Order. Mail sent to Barron Garnett. (FDS) |
| Filing 6 NOTICE of Change of Address by Barron Garnett. New address is Brandon House, 333 W. Evergreen St., Manteno, IL 60950. (FDS) |
|
TEXT ORDER TO SHOW CAUSE entered by Judge Joe Billy McDade on 10/30/2023. Plaintiff filed a Petition to Proceed in Forma Pauperis #3 . Plaintiff states, under oath, that he has received no income whatsoever including gifts in the past 12 months. His prisoner trust fund ledger #5 , however, reveals that Plaintiff has had regular cash deposits to his account each of the past five months from individuals.The Seventh Circuit has "held that a dismissal with prejudice is an appropriate sanction for lying to the court in order to receive a benefit from it, because no one needs to be warned not to lie to the judiciary." Ayoubi v. Dart, 640 F. Appx. 524, 52829 (7th Cir. 2016); see also Fuery v. City of Chicago, 900 F.3d 450, 466 (7th Cir. 2018) ("[I]t goes without saying and hardly needs citation that a court need not warn a plaintiff that it may not lie to a court."); Kennedy v. Huibregtse, 831 F.3d 441, 442 (7th Cir. 2016) (holding that district court's "decision to dismiss with prejudice was proper" where prisoner failed to disclose outside funds); Coleman v. Calumet City, 754 F. Appx. 468, 469 (7th Cir. 2019) ("District courts may impose appropriate sanctions, including dismissal of a complaint with prejudice, against litigants who file in forma pauperis applications that contain intentional misrepresentations."); David v. Wal-Mart Stores, Inc., 669 F. Appx. 793, 795 (7th Cir. 2016) ("[D]ismissal with prejudice is an appropriate sanction whenever a plaintiff deceives the district court in an application for pauper status."); Lofton v. SP Plus Corp., 578 F. Appx. 603, 604 (7th Cir. 2014) ("Dismissal with prejudice is an appropriate sanction when a plaintiff tries to deceive the district court by falsifying an IFP application."); Thomas v. Gen. Motors Acceptance Corp., 288 F.3d 305, 30608 (7th Cir. 2002) (upholding dismissal with prejudice as sanction for litigant who lied about income on IFP application). "Before exercising its inherent authority to sanction misconduct, a court must notify the litigant of the specific misdeed that is the basis for possible sanction and allow the litigant an opportunity to respond." Ayoubi, 640 F. Appx. At 528. Plaintiff is directed to show cause by 11/13/23 why this action should not be dismissed with prejudice as a sanction for Plaintiff's false statements, made under penalty of perjury to this federal Court, in his Petition to Proceed in Forma Pauperis #3 . (KE)
|
|
TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Joe Billy McDade on 10/24/2023. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $17.12. 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 11/24/2023. (KE)
|
| Filing 5 +++ PRISONER TRUST FUND LEDGER by Barron Garnett. (VH) |
| Filing 4 Letter Requesting Trust Fund Ledger.( Trust fund ledger sheets due by 11/2/2023.) (ANW) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Barron Garnett.(ANW) |
| 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 11/8/2023. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by Barron Garnett.(ANW) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
