Bell v. Lincoln Correctional Institution
| Kent Bell |
| Lincoln Correctional Institution |
| 3:2023cv03065 |
| March 21, 2023 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| 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 May 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 5/10/2023. Plaintiff's motion to start the subpoena process #3 is DENIED. As the Court understands his motion and the basis for this case, Plaintiff wants the Court to issue a subpoena to the Lincoln Correctional Institute in order to obtain his educational records so that he may use those records to lessen his prison sentence. However, this Court is one of limited jurisdiction. If he is attempting to file a suit under 42 USC Section 1983 alleging a violation of his Constitutional rights, Plaintiff must file the required filing fee or be granted leave to proceed in forma pauperis. Because he did neither, the Court dismissed this case. Although he said that he sent the papers necessary to try to qualify for IFP status, the Court never received his IFP petition. If he is simply wanting the Court to issue a subpoena for him, the Court does not issue subpoenas for litigants. Plaintiff is responsible for completing and serving the subpoenas himself, and he must serve the subpoena by certified mail. Ott v. City of Milwaukee, 682 F.3d 552, 557 (7th Cir. 2012)(subpoena seeking documents may be served by certified mail). If the custodian of records does not respond to his subpoena, Plaintiff may then seek to have this Court enforce that subpoena, but the Court will not issue a subpoena for him. For what it is worth, Plaintiff may also consider issuing a Freedom of Information Act request under Illinois law in order to attempt to obtain the documents that he seeks. (KE)
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| Filing 3 MOTION to Start Process of Obtaining Educational Records from the Lincoln Correctional Institution by Plaintiff Kent Bell. Responses due by 5/22/2023. (Attachments: #1 Exhibit, #2 Envelope)(DS) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/27/2023. On March 21, 2023, Plaintiff filed this matter seeking to enforce a subpoena against the Lincoln Correctional Institute. However, Plaintiff did not pay the required fee for doing so, nor did he move for leave to proceed in forma pauperis. Accordingly, the Court warned Plaintiff that same day that he must either pay the required fee or move for leave to proceed IFP if he wanted to proceed in this matter. The Court gave Plaintiff twenty-one (21) days to comply. As of today, Plaintiff has failed to respond to the Court's March 21, 2023 Order. More specifically, Plaintiff has failed to pay the required fee or move for leave to proceed IFP. Accordingly, this case is DISMISSED WITHOUT PREJUDICE based upon Plaintiff's failure to comply with the Court's March 21, 2023 Order and based upon Plaintiff's failure either to pay the required fee or to obtain IFP status. This case is closed. No judgment to enter.(KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 3/22/2023. Plaintiff has filed a Complaint but has not paid the $402 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $402 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. (KE)
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| 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 4/10/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Kent Bell.(KE) |
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| Plaintiff: Kent Bell | |
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| Defendant: Lincoln Correctional Institution | |
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