Newland v. Does et al
| Kenneth Newland, Jr |
| John Does, Adams County Sheriff's Department, Adams County Jail, Adams County Courthouse and Adams County Probation Department |
| 3:2023cv03232 |
| July 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 September 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 JUDGMENT entered. (ANW) |
Filing 7
MERIT REVIEW ORDER Entered by Judge Colin Stirling Bruce on 9/15/23. IT IS, THEREFORE, ORDERED:1. Plaintiff's Complaint is DISMISSED WITH PREJUDICE because it fails to state a claim upon which relief can be granted and because any attempt by Plaintiff to amend his complaint would be futile. 28 U.S.C. 1915A; Fed. R. Civ. Pro. 12(b)(6). 2. The Clerk of the Court is directed to enter judgment in Defendants' favor and against Plaintiff. 3. If he wishes to appeal this judgment, Plaintiff must file a notice of appeal with this Court within thirty (30) days of the entry of judgment. Fed. R. App. P. 4(a)(4). 4. If he wishes to proceed in forma pauperis on appeal, Plaintiff's motion for leave to appeal in forma pauperis must identify the issues that he will present on appeal to assist the Court in determining whether the appeal is taken in good faith. See Fed. R. App. P. 24(a)(1)(c); Celske v. Edwards, 164 F.3d 396, 398 (7th Cir. 1999)(an appellant should be given an opportunity to submit a statement of his grounds for appealing so that the district judge "can make a responsible assessment of the issue of good faith."); Walker v. OBrien, 216 F.3d 626, 632 (7th Cir. 2000)(providing that agood faith appeal is an appeal that "a reasonable person could suppose... has some merit" from a legal perspective).5. If he chooses to appeal, Plaintiff will be liable for the $505.00 appellate filing fee regardless of the outcome of the appeal. SEE FULL WRITTEN ORDER. (ANW)
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| Filing 6 Letter from Plaintiff Kenneth Newland regarding status of Trust Fund Ledger request. (BMG) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 9/1/2023. Plaintiff's trust fund ledgers indicate he has no funds to make an initial partial payment of the filing fee. Pursuant to 28 U.S.C. Section 1915(b) (4), the initial partial filing fee is waived. The agency having custody of Plaintiff is directed to 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. 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. (KE)
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| Filing 5 +++ PRISONER TRUST FUND LEDGER by Kenneth Newland, Jr. (BMG) |
| Filing 4 Letter Requesting Trust Fund Ledger. Trust Fund Ledgers due by 9/6/2023. (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Kenneth Newland, Jr.(BMG) |
| 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 8/10/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Kenneth Newland, Jr. (Attachments: #1 Cover Letter, #2 Envelope)(KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 7/21/2023. 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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