Smith et al v. United States of America et al
| Michael W Smith and Joshua D Warner |
| United States of America, United States Department of Treasury and Internal Revenue Service |
| 3:2020cv03342 |
| December 23, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 8 Letter from Michael W Smith requesting Status of Case. (KE, ilcd) |
TEXT ORDER Entered by Judge Colin Stirling Bruce on 12/30/2020. On December 23, 2020, Plaintiffs Michael W. Smith and Joshua D. Warner filed this lawsuit asserting a claim under the Federal Tort Claims Act. However, Plaintiffs Smith and Warner filed a nearly identical case on December 14, 2020, with the Court asserting the same claim under the FTCA. See CDIL Case Number 20-4264. The Court can see no appreciable difference between the two Complaints. Therefore, the Court will dismiss this case as being redundant of Case Number 20-4264 because this case is the latter one filed in time. The Clerk of the Court is directed to close this case. All pending motions are denied as moot. No judgment to enter.(KB, ilcd)
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| Filing 7 +++ PRISONER TRUST FUND LEDGER by Michael W Smith. (KE, ilcd) |
| Filing 6 +++ PRISONER TRUST FUND LEDGER by Joshua D Warner. (KE, ilcd) |
| Filing 5 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/28/2020. This Court has instituted a reduced payment procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment is assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $402 filing fee).Income includes all deposits from any source. The plaintiff Joshua D. Warner is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. However, the plaintiff's ledgers for the past six months show an average monthly income of $1.00 or less. No reduced filing fee will be assessed. (KE, ilcd)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/28/2020. This Court has instituted a reduced payment procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment is assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $402 filing fee).Income includes all deposits from any source. The plaintiff Michael W. Smith is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. However, the plaintiff's ledgers for the past six months show an average monthly income of $1.00 or less. No reduced filing fee will be assessed. (KE, ilcd)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Plaintiff Michael W Smith. Responses due by 1/6/2021 (KE, ilcd) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Joshua D Warner. Responses due by 1/6/2021 (KE, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. 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 1/12/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Joshua D Warner, Michael W Smith.(KE, ilcd) |
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