Timpone v. Hinthorne et al
| Gage Timpone |
| Cherryle Hinthorne and Jacksonville Correctional Center |
| 3:2023cv03079 |
| March 24, 2023 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 8 AMENDED COMPLAINT against All Defendants, filed by Gage Timpone.(ANW) |
| Prisoner Initial Partial Filing Fee received 5/18/2023, in the amount of $ 130.39; receipt number PIA100002377 (VH) |
TEXT ORDER entered by Judge James E. Shadid on 5/18/2023. On March 24, 2023, Plaintiff filed a Complaint under 42 U.S.C. 1983 alleging a violation of his constitutional rights at Jacksonville Correctional Center. Prior to conducting a merit review, Plaintiff has now filed an Amended Complaint, which was docketed as a Motion for Leave to File Amended Complaint #6 . Plaintiff's Motion #6 is GRANTED. The Clerk is hereby directed to file the Amended Complaint and set the merit review deadline 30 days out. Plaintiff has also filed a letter #7 containing additional information to include in his Amended Complaint. The Court will not, however, allow a piecemeal amendment of a complaint. Plaintiff will have 21 days in which to file a Second Amended Complaint. The filing is to be captioned "Second Amended Complaint" and is to include all of Plaintiff's claims, without reference to a prior pleading. Plaintiff is to identify those individual persons whom he holds liable for violating his constitutional rights. If Plaintiff does not file a Second Amended Complaint within 21 days, the Court will conduct a merit review of Plaintiff's Amended Complaint.(ANW)
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| Filing 7 Letter containing supplemental information for Amended Complaint from Gage Timpone. (AH) |
| Filing 6 MOTION for Leave to File Amended Complaint by Plaintiff Gage Timpone. Responses due by 5/1/2023 (TK) |
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TEXT ORDER Entered by Judge James E. Shadid on 4/14/23 granting #3 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $60.99. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court within 30 days of this order. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall make monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account to the Clerk of Court. Income includes all deposits from any source, including gifts. The agency having custody of the plaintiff shall forward these payments each time Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff's place of confinement, to the attention of the Trust Fund Office, and to Plaintiff. Prisoner Prepayment due by 5/15/2023(ANW)
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| Filing 5 +++ PRISONER TRUST FUND LEDGER. (AH) |
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TEXT ORDER Entered by Judge James E. Shadid on 4/5/23. Plaintiff, a pro se prisoner, has filed a letter complaining about conditions at Jacksonville Correctional Center. Plaintiff asks for the "necessary form" to file a class action lawsuit and petition to proceed in forma pauperis (IFP) #1 . The letter has been filed as a complaint pursuant to 42 U.S.C.1983. See Bahler v Lopez, 2007 WL 1375924 (7th Cir. May 10, 2007). The Clerk has also provided Plaintiff with an IFP form which Plaintiff has now returned. Plaintiff is advised there are no specific forms for a class action lawsuit. Instead, Plaintiff would need to meet the requirements of Federal Rule of Civil Procedure 23 and "the party seeking class certification assumes the burden of demonstrating that certification is appropriate." Retired Chicago Police Ass'n v. City of Chicago, 7 F.3d 584, 596 (7th Cir. 1993). Therefore, the Clerk is directed to provide Plaintiff with a complaint form. To proceed with his lawsuit, Plaintiff must provide some explanation of his claim including the specific, unconstitutional conditions alleged; the general time frame and specific location of those conditions; and any specific impact on Plaintiff. In addition, Plaintiff must identify the appropriate Defendants. Plaintiff must file his proposed complaint within 30 days or on or before May 8, 2023. If Plaintiff fails to file his complaint by the deadline, his case will be dismissed. The Clerk is also directed to reset the internal merit review deadline to May 8, 2023.(ANW)
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| Filing 4 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 4/14/2023. (ANW) |
| Filing 3 PETITION to Proceed in Forma Pauperis by Plaintiff Gage Timpone. (AH) Modified on 4/6/2023 to correct event (SAG). |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. 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 4/13/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Gage Timpone.(KE) |
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TEXT ORDER entered by Judge James E. Shadid on 3/24/2023. 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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