Dyjak v. Lynn et al
| Logan Dyjak |
| Dana Wilkerson, Robert Austin, Harvey Daniels, Diana Zucco, Jo-an Lynn, Lana Miller and Stacey Horstman |
| 3:2021cv03032 |
| January 26, 2021 |
| U.S. District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
This docket was last retrieved on March 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 JUDGMENT entered in a civil case (SAG) |
TEXT ORDER entered by Judge Michael M. Mihm on 3/18/2021. On February 16, 2021, the Court denied Plaintiff's request to proceed in forma pauperis. The Court had learned that on January 21, 2021, Plaintiff had deposited a $1200 stimulus check to his account and, on February 1, 2021, another stimulus check in the amount of $600. On both occasions, Plaintiff wrote checks out of his account that same day, depleting the funds. Plaintiff was given 21 days in which to pay the filing fee and advised that if he failed to do so, the case would be dismissed without prejudice, for failure to pay the fees. Plaintiff has not paid within the time allotted and now files #5 , requesting that the Court reconsider that order. Plaintiff reveals that he is currently proceeding on 10 other cases and has an additional five cases ready to be filed. He acknowledges owing a total of $8155 in filing fees and admits that he "erred" in dissipating the funds. He believes the Clerk has some fault, also, for not deducting the amounts from his account. It appears, however, that the Clerk had little opportunity to do so, given the speed with which Plaintiff depleted the funds. The Court is not swayed and hereby DENIES #5 . This case is dismissed without prejudice, for failure to pay the filing fees. All pending matters are MOOT and all pending deadlines are vacated.(SAG)
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| Filing 5 MOTION to Reconsider re Text Order on Petition to Proceed In Forma Pauperis, by Plaintiff Logan Dyjak. Responses due by 3/29/2021 (VH) |
TEXT ORDER entered by Judge Michael M. Mihm on 2/16/2021. On 1/26/21, Plaintiff filed his complaint and petition to proceed in forma pauperis #3 . The Court has learned from another of Plaintiff's cases, Dyjak v. Miller et al., No. 21-3037 (C.D. Ill. Jan. 29, 2021), that Plaintiff deposited a $1200 stimulus check in his account on January 21, 2021, and another $600 stimulus check on February 1, 2021. On both occasions, Plaintiff wrote checks that same day to the same individual, clearing all funds out of his account. Plaintiff's petition to proceed in forma pauperis #3 is DENIED. See Hughes v. Anderson, 829 Fed. Appx. 724, 725 (7th Cir. 2020), reh'g denied (Jan. 7, 2021) (dismissing case with prejudice where plaintiff was "structuring transactions to avoid paying the filing fees.") Plaintiff will have 21 days in which to pay the filing fee. The failure to do so will result in the dismissal of this case without prejudice for failure to pay the filing fee. (SAG, ilcd)
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| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Michael Mihm. 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 2/17/2021. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 4 MOTION to Request Counsel by Plaintiff Logan Dyjak. Responses due by 2/9/2021 (SAG, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Logan Dyjak.(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Logan Dyjak. (Attachments: #1 cover letter)(SAG, ilcd) |
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TEXT ORDER entered by Judge Michael M. Mihm on 3/18/2021. On February 16, 2021, the Court denied Plaintiff's request to proceed in forma pauperis. The Court had learned that on January 21, 2021, Plaintiff had deposited a $1200 stimulus check to his account and, on February 1, 2021, another stimulus check in the amount of $600. On both occasions, Plaintiff wrote checks out of his account that same day, depleting the funds. Plaintiff was given 21 days in which to pay the filing fee and advised that if he failed to do so, the case would be dismissed without prejudice, for failure to pay the fees. Plaintiff has not paid within the time allotted and now files #5 , requesting that the Court reconsider that order. Plaintiff reveals that he is currently proceeding on 10 other cases and has an additional five cases ready to be filed. He acknowledges owing a total of $8155 in filing fees and admits that he "erred" in dissipating the funds. He believes the Clerk has some fault, also, for not deducting the amounts from his account. It appears, however, that the Clerk had little opportunity to do so, given the speed with which Plaintiff depleted the funds. The Court is not swayed and hereby DENIES #5 . This case is dismissed without prejudice, for failure to pay the filing fees. All pending matters are MOOT and all pending deadlines are vacated.(SAG)