Hiler, II v. Beck et al
| Brian Edward Hiler, II |
| Beck, Jack Campbell, Smith, Wallace, Sergeant Bouvet, Brown, . Buford, . Brents, . Beck, . Smith, . Wallace, . Bouvet and . Brown |
| 3:2022cv03182 |
| September 9, 2022 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 7, 2022. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Joe Billy McDade on 11/7/2022. Plaintiff files a letter #8 asking the Court to re-open his case and to reinstate his Motion to Request Counsel #5 and Motion to Identify Defendants #6 . The Court re-opened Plaintiff's case on 11/2/22 based upon his timely payment of the $402 filing fee. The Clerk is DIRECTED to reinstate Plaintiff's Motions #5 and #6 . (SAG)
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| Filing 8 Letter from Brian Edward Hiler, II, regarding filing fee. (VH) |
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TEXT ORDER entered by Judge Joe Billy McDade on 11/2/2022. On 10/28/2022, this Court dismissed Plaintiff's complaint without prejudice based on the presumption that he failed to pay the $402.00 filing fee. (d/e 10/28/2022). Judgment #7 was entered the same day. At this time, the Court was unaware that Plaintiff paid the $402.00 filing fee in full on 10/12/2022, because his payment and receipt were not docketed until 11/2/2022. Based upon Plaintiff's timely payment of the filing fee, the Clerk is DIRECTED to vacate the Order and Judgment entered on 10/28/2022, re-open the case, and reset the Court's merit review deadline.(SAG)
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| Filing 7 VACATED PURSUANT TO TEXT ORDER ENTERED 11/2/2022--JUDGMENT entered in a civil case (SAG) Modified on 11/2/2022 (SAG). |
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VACATED PURSUANT TO TEXT ORDER ENTERED 11/2/2022--TEXT ORDER entered by Judge Joe Billy McDade on 10/28/2022. On 9/9/2022, Plaintiff filed a Complaint #1 and a Petition to Proceed in forma pauperis #3 ("Petition"). Plaintiff asserted in his Petition that he had not received any income in the past 12 months; however, his Prisoner Trust Fund Ledger #4 revealed he had $456.90 in his account the day he signed the Complaint and that he received $2,415.00 in deposits in the past 3 months. The Court also noted that Plaintiff had $329.43 in a checking or savings account; had no regular monthly expenses; and, although he owed approximately $15,000 - $25,000 for child support, he indicated that he was not contributing to their support while he is detained. On 9/22/2022, this Court denied the Petition based on Plaintiff's failure to accurately disclose the income he received in the past 12 months and ordered him to pay the $402.00 filing fee in full by 10/13/2022. The Court warned Plaintiff that the failure to do so would result in the dismissal of this case without prejudice. To date, Plaintiff has not complied, 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. Due to the dismissal of this case, Plaintiff's Motion to Request Counsel #5 and Motion to Identify Defendants #6 are now MOOT. 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 $505 appellate filing fee irrespective of the outcome of the appeal. (SAG) Modified on 11/2/2022 (SAG).
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| Filing fee: $402, receipt number 300000196 (SAG) |
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TEXT ORDER entered by Judge Joe Billy McDade on 9/22/2022. Plaintiff files #3 , a petition to proceed in forma pauperis. Plaintiff asserts, under oath, that he has received no income whatsoever in the past 12 months. His prisoner trust fund ledger, however, reveals that Plaintiff had $456.90 in his account the day he signed the Complaint and that he had $2,415.00 in deposits in the three months he has been in custody, which averages $805.00 per month. Plaintiff's petition is, at best, in error and, at worst, fraudulent. Plaintiff states that he has $329.43 in a checking or savings account; he does not have any regular monthly expenses; and although he owes between approximately $15,000 and $25,000 for child support, he indicates that he has not been contributing to their support while he is detained. Plaintiff's petition to proceed in forma pauperis #3 is DENIED based on his failure to accurately disclose the income he received in the past 12 months. (See Doc. #3 at 1). Plaintiff will have 21 days in which to pay the $402 filing fee. Failure to pay the filing fee will result in the dismissal of this case, without prejudice. (SAG)
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| Filing 6 MOTION to Identify Defendants by Plaintiff Brian Edward Hiler, II. Responses due by 9/26/2022 (VH) |
| Filing 5 MOTION to Request Counsel by Plaintiff Brian Edward Hiler, II. Responses due by 9/23/2022. (KB) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Brian Edward Hiler, II (KB) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Brian Edward Hiler, II. (KB) |
| 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 Peoria Division,100 NE Monroe Street, Peoria, IL 61602. Merit Review Deadline set for 9/29/2022. (Attachments: #1 Notice Regarding Privacy Issues) (KB) |
| Filing 1 COMPLAINT filed by Brian Edward Hiler, II. (Attachments: #1 Envelope)(KB) |
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