Cain v. Hinthorne
| Timothy Cain |
| Cherryle Hinthorne |
| 3:2023cv03114 |
| April 5, 2023 |
| U.S. District Court for the Central District of Illinois |
| James E Shadid |
| 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 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 6 JUDGMENT entered. (ANW) |
TEXT ORDER entered by Judge James E. Shadid on 5/24/2023. Plaintiff filed a letter complaining about conditions at Jacksonville Correctional Center on April 5, 2023. The letter was filed as a complaint pursuant to 42 U.S.C. 1983. On April 6, 2023, the Court directed Plaintiff to either pay the $402 filing fee or file a petition to proceed in forma pauperis by April 27, 2023. (d/e 4/6/2023). On April 10, 2023, the Court directed Plaintiff to file a complaint to clearly state his claims and Defendants by May 10, 2023. (d/e 4/10/2023). To date, Plaintiff had not filed an IFP petition or complaint or paid the $402 filing fee. On April 25, 2023, the Court directed Plaintiff to show good cause why this case should not be dismissed for failure to keep the Court informed of his address after mail the Court sent to Plaintiff was returned as undeliverable. (d/e 4/25/2023). The Court warned Plaintiff that failure to show good cause would result in the dismissal of this case. Id. A copy of the Text Order was mailed to Plaintiff's last known address, but it was returned to the Court as undeliverable. (d/e 5/10/2023). Pursuant to Central District of Illinois Local Rule 16.3(K), every pro se plaintiff must notify the Clerk of this Court in writing of any change of address during the entire pendency of his case. It is not the Court's responsibility to independently maintain current addresses on all parties to pending actions. To date, Plaintiff has not notified the Court of a change of address. Therefore, Plaintiff's Complaint is DISMISSED, with prejudice, for failure to prosecute. Fed. R. Civ. P. 41(b). Plaintiff remains responsible for the $402 filing fee even though his case has been dismissed. If Plaintiff wishes to appeal this dismissal, he may 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 should set forth the issues Plaintiff plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal.(ANW)
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| Filing 5 Mail Returned as Undeliverable re 4/10/23 Text Order and #4 4/25/23 Text Order. Mail sent to Timothy Cain (FDS) |
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Filing 4
TEXT ORDER: Court docket entry sent to plaintiff Timothy Cain has been returned as undeliverable. Within 14 days of the entry of this order, plaintiff is directed to show good cause why this case should not be dismissed for failure to keep the Court informed of plaintiff's address. Failure to show good cause will result in dismissal of this case. Entered by Judge James E. Shadid on 4/25/2023. (AH)
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| Filing 3 Mail Returned as Undeliverable, re Text Order entered on 4/6/2023. (AH) |
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TEXT ORDER Entered by Judge James E. Shadid on 4/10/23. Plaintiff, a pro se prisoner, has filed a letter complaining about conditions at Jacksonville Correctional Center and asking the Court to send him an IFP form #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. He must either return the completed form or pay the $402 filing fee on or before April 27, 2923. Failure to take any action will result in the dismissal of this lawsuit. In addition, Plaintiff must file a complaint more clearly stating his claims and Defendants. Therefore, the Clerk is also directed to provide Plaintiff with a complaint form for his assistance. Plaintiff's complaint should identify 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 10, 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 10, 2023(ANW)
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| 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 4/26/2023. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
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TEXT ORDER Entered by Judge James E. Shadid on 4/6/23. 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.(ANW)
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| Filing 1 COMPLAINT against Cherryle Hinthorne, filed by Timothy Cain.(ANW) |
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| Plaintiff: Timothy Cain | |
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| Defendant: Cherryle Hinthorne | |
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