Carter v. Greene et al
| Kelvin Carter |
| Brittany Greene, . Shoop, Christian Spears and Bryan Klingele |
| 3:2023cv03348 |
| December 13, 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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| Prisoner Initial Partial Filing Fee received 1/18/2024, in the amount of $ 2.60; receipt number 100003893 (AEM) |
TEXT ORDER Entered by Judge James E. Shadid on 12/27/23 granting #2 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 $56.61. 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 1/26/2024. (ANW)
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| Filing 10 +++ PRISONER TRUST FUND LEDGER by Kelvin Carter (VH) |
| Filing 9 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 12/27/2023. (SAG) |
| Filing 8 NOTICE of Non-Consent to Magistrate Judge Jurisdiction by Plaintiff Kelvin Carter (SAG) |
| Filing 7 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 1/2/2024. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 6 Case transferred in from District of Illinois Southern; Case Number 3:23-cv-03897. |
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Filing 5
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Plaintiff Kelvin Carter has submitted a civil rights complaint pursuant to 42 U.S.C. 1983, claiming his constitutional rights were violated while he was incarcerated at Western Illinois Correctional Center. Venue for federal civil rights actions brought under 42 U.S.C. 1983 is governed by 28 U.S.C. 1391(b). According to that statute, such actions may be brought only in (1) the judicial district where any defendant resides (if all defendants reside in the same State), (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which any defendant is subject to the courts personal jurisdiction with respect to the action, if there is no district in which the action may otherwise be brought. All of the events or omissions giving rise to Plaintiff's allegations occurred at Western Illinois Correctional Center in Brown County, Illinois, which is situated in the federal judicial district for the Central District of Illinois. 28 U.S.C. 93(b). The Court therefore finds that the Central District is the appropriate forum for the hearing and determination of this civil rights action. Pursuant to 28 U.S.C. 1406(a), and on the Court's own motion, IT IS THEREFORE ORDERED that this action is TRANSFERRED to the United States District Court for the Central District of Illinois for a determination as to whether Plaintiff should be granted leave to proceed in forma pauperis, 28 U.S.C. 1915, and such further proceedings as that court may deem appropriate. No summons shall issue in this action unless so directed by the transferee court. Case transferred to Central District of Illinois. Signed by Judge Staci M. Yandle on 12/12/2023. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 23-3897-SMY. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within fourteen days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Staci M. Yandle on 12/11/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 12/11/2023. Consent due by 1/2/2024 (jaj) |
| Filing 2 PETITION TO PROCEED IN FORMA PAUPERIS by Kelvin Carter. (jaj) Modified on 12/13/2023 (SAG). |
| Filing 1 COMPLAINT against All Defendants filed by Kelvin Carter.(jaj) |
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