Davenport v. Raisin Canes Restaurant et al
| Faron Davenport |
| Raisin Canes Restaurant and Mgr of Raisin Canes |
| 2:2024cv02003 |
| January 2, 2024 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge James E. Shadid on 2/16/2024. On February 1, 2024, this Court dismissed Plaintiff's Complaint without prejudice based on his failure to pay the $405 filing fee. (d/e 2/1/2024). On February 8, 2024, the Court denied Plaintiff's Motion for Reconsideration. (d/e 2/8/2024). Plaintiff now files a Motion to Stay #11 asking the Court to "put [his] case on hold until [he is] well mentally" and has an attorney to represent him. This case is closed. Therefore, the Court cannot stay this matter until a later date. Plaintiff is advised that if he files a new complaint, he may be responsible for the filing fee in that matter. #11 is DENIED. (SAG)
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| Filing 11 MOTION to Stay by Plaintiff Faron Davenport. Responses due by 2/29/2024 (JMB) |
| Filing 10 Exhibit by Faron Davenport. (JMB) |
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TEXT ORDER entered by Judge James E. Shadid on 2/8/2024. On January 3, 2024, the Court denied Plaintiff's Petition to Proceed in forma pauperis because Plaintiff, who previously accumulated three strikes under 28 U.S.C. 1915(g), did not sufficiently allege he was under imminent danger of serious physical injury. (Doc. #6 ). The Court directed Plaintiff to pay the $405 filing fee by January 24, 2024, and warned Plaintiff that failure to do so would result in dismissal. Id. Plaintiff did not pay the filing fee, and as a result, the Court dismissed this matter without prejudice on February 1, 2024. (d/e 2/1/2024). Plaintiff now files a Motion for Reconsideration #9 arguing that his prior cases were meritorious, and the Court should reinstate his case. Plaintiff offered no explanation for failing to pay the filing fee as the Court instructed. #9 is DENIED. (SAG)
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| Filing 9 MOTION for Reconsideration re Text Order dated 2/1/2024 by Plaintiff Faron Davenport. Responses due by 2/21/2024 (Attachments: #1 Exhibit)(JMB) |
| Filing 8 JUDGMENT entered. (ANW) |
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TEXT ORDER entered by Judge James E. Shadid on 2/1/2024. On January 3, 2024, the Court denied Plaintiff's Petition to Proceed in forma pauperis and directed Plaintiff to pay the $405 filing fee in full by January 24, 2024. (Doc. #6 ). The Court warned Plaintiff that failing to do so would result in the dismissal of this case without prejudice. Id. To date, Plaintiff has not paid the filing fee, nor has he requested an extension of time. Therefore, this case is DISMISSED without prejudice. The Clerk is directed to enter judgment and close this case. Plaintiff must still pay the full filing fee even though his case has been dismissed. If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis must set forth the issues Plaintiff plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff chooses to appeal, he will be liable for the $605 appellate filing fee irrespective of the outcome of the appeal.(ANW)
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| Filing 7 Letter from Faron Davenport to the Clerk of Court. (TC) |
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Filing 6
ORDER entered by Judge James E. Shadid on 1/3/2024. IT IS THEREFORE ORDERED:1. Plaintiff's Petition to Proceed in forma pauperis #3 is DENIED. Plaintiff is DIRECTED to pay the $405 filing fee in full within 21 days of this Order. If Plaintiff fails to pay the filing fee on or before January 24, 2024, this case will be dismissed without prejudice. SEE FULL WRITTEN ORDER. (SAG) Modified on 1/3/2024 (SAG).
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| Filing 5 MOTION to Request Counsel by Plaintiff Faron Davenport. Responses due by 1/16/2024 (SAG) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Faron Davenport (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Faron Davenport.(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 1/22/2024. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Faron Davenport.(SAG) |
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