Schriber v. Logan County Sheriffs Dept et al
| Nicholas R Schriber |
| Logan County Sheriffs Dept, . Hendricks, Mary Shaffer, Derrick and Steve Nichols |
| 3:2019cv03129 |
| May 21, 2019 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on July 15, 2019. A more recent docket listing may be available from PACER.
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| Filing 10 USCA ORDER re USCA 19-2194. The petition for a writ of mandamus is DENIED. (KE, ilcd) |
| Filing 9 NOTICE of USCA Docketing Record on Appeal re Petition for Writ of Mandamus. USCA Case No. 19-2194. (Attachments: #1 Petition for Writ of Mandamus) (TC, ilcd) |
| Filing 8 +++ PRISONER TRUST FUND LEDGER by Nicholas R Schriber. (KE, ilcd) |
| Filing 7 JUDGMENT entered (SKR, ilcd) |
TEXT ORDER Entered by Judge Joe Billy McDade on 5/31/19. Plaintiff filed a handwritten petition to proceed in forma pauperis ("IFP") #3 . In his filing, Plaintiff affirmed that his only income in the preceding year was $14.40 monthly for his prison work assignment. Plaintiff stated that he did not receive any gifts or any other sources of income. Plaintiffs trust fund ledgers from November 2018 to May 2019, the six months before Plaintiff filed his complaint, reveals that he received eight deposits totaling $508.50. During that period, Plaintiff spent approximately $589 on commissary and miscellaneous items. As of May 22, 2019, Plaintiff's trust fund account had a balance of $21.63, which Plaintiff also failed to disclose. The failure to disclose income on an IFP petition has been viewed as a fraud upon the court. See Kennedy v. Huibregtse, 831 F.3d 441, 443 (7th Cir. 2016) (concluding that the district court properly dismissed plaintiff's suit with prejudice where failure to disclose income when proceeding IFP amounted to a "deliberate, material lie."). 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). Accordingly, the Court DISMISSES Plaintiff's complaint #1 with prejudice. See Holly v. Wexford Health Services, Inc., 339 Fed. App'x. 633, 636 (7th Cir. 2009) (concluding that "a court confronted with a false allegation of poverty need not wait for a motion to dismiss and can apply 1915(e)(2)(A) sua sponte.") The Court DENIES as moot Plaintiff's pending motions #3 and #4 . This case is closed. (SKR, ilcd)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER. by Nicholas R Schriber (SKR, ilcd) |
| Filing 5 Letter from Clerk of the Court requesting Trust Fund Ledgers (SKR, ilcd) |
| Filing 4 MOTION to Request Counsel by Plaintiff Nicholas R Schriber. Responses due by 6/4/2019 (SKR, ilcd) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Nicholas R Schriber. Responses due by 6/4/2019 (SKR, ilcd) |
| 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 Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 6/10/2019. (Attachments: #1 Notice of privacy issues)(SKR, ilcd) |
| Filing 1 COMPLAINT against All Defendants filed by Nicholas R Schriber. (Attachments: #1 Exhibits, #2 Envelope)(SKR, ilcd) |
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