Myers v. Harding et al
| Michael Myers |
| Shelly Harding, Steve .. and Michael Shaw |
| 2:2024cv02049 |
| February 28, 2024 |
| U.S. District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
This docket was last retrieved on April 9, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge James E. Shadid on 4/9/24. Plaintiff has filed a Motion to Dismiss #7 , indicating that he wishes to dismiss this suit because he cannot find a lawyer to take his case and because of his medical treatment since filing suit. Because Defendants have not yet filed an answer to the Complaint #1 , Plaintiff is entitled to voluntarily dismiss this case, without court order, pursuant to Federal Rule of Civil procedure 41(a)(1)(A)(i). Plaintiff's Motion #7 is GRANTED, any other pending motions are denied as MOOT, and this case is now terminated. However, Plaintiff is notified that the Court does not have discretion to waive payment of Plaintiff's filing fee. Maus v. Baker, 729 F.3d 708, 710 (7th Cir. 2013), citing 28 U.S.C. Section 1915(b). Plaintiff has been granted leave to proceed in forma pauperis, but that does not result in waiver of fees. Instead, it results in Plaintiff having the opportunity to pay over time. Plaintiff has paid the initial filing fee of $20.67, and Plaintiff will thus pay the remainder of the $305 filing fee even after this case is dismissed. (ANW)
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| Filing 7 MOTION to Dismiss by Plaintiff Michael Myers. Responses due by 4/22/2024 (JS) |
| Prisoner Initial Partial Filing Fee received 03/21/2024, in the amount of $ 20.67; receipt number PIA100004288. (DW) |
TEXT ORDER granting #3 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 $20.67. 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 4/11/2024. Entered by Judge James E. Shadid on 3/12/2024. (SAG)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER. (JS) |
| Filing 5 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 3/15/2024. (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 3/20/2024. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 4 MOTION to Request Counsel by Plaintiff Michael Myers. Responses due by 3/13/2024 (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Michael Myers.(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Michael Myers.(SAG) |
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TEXT ORDER entered by Judge James E. Shadid on 4/9/24. Plaintiff has filed a Motion to Dismiss #7 , indicating that he wishes to dismiss this suit because he cannot find a lawyer to take his case and because of his medical treatment since filing suit. Because Defendants have not yet filed an answer to the Complaint #1 , Plaintiff is entitled to voluntarily dismiss this case, without court order, pursuant to Federal Rule of Civil procedure 41(a)(1)(A)(i). Plaintiff's Motion #7 is GRANTED, any other pending motions are denied as MOOT, and this case is now terminated. However, Plaintiff is notified that the Court does not have discretion to waive payment of Plaintiff's filing fee. Maus v. Baker, 729 F.3d 708, 710 (7th Cir. 2013), citing 28 U.S.C. Section 1915(b). Plaintiff has been granted leave to proceed in forma pauperis, but that does not result in waiver of fees. Instead, it results in Plaintiff having the opportunity to pay over time. Plaintiff has paid the initial filing fee of $20.67, and Plaintiff will thus pay the remainder of the $305 filing fee even after this case is dismissed. (ANW)