Torbert v. Campbell et al
| Jovan A. Torbert |
| Matthew Dibbler, John Nielson, Jack Campbell, John Does, Bill Smith, Larry Beck and Jennifer .. |
| 3:2024cv03167 |
| June 25, 2024 |
| 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 |
| Plaintiff |
Docket Report
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TEXT ORDER entered by Judge James E. Shadid on 8/5/2024. Plaintiff files a Petition to Proceed in forma pauperis #7 ("IFP Petition"). According to his Trust Fund Ledger #8 , Plaintiff had $940.48 in his account when he filed his Complaint. As of July 5, 2024, he had $944.38 in his account. According to his IFP Petition, Plaintiff receives money from family members to purchase items from commissary and has no debts, dependents, or other financial obligations. "Courts have broad discretion in assessing the sufficiency of an applicant's evidence of poverty, especially when it comes to prisoners, who have fewer demands on their income because prisons provide them with food, clothing, shelter, and medical care." See Maboneza v. Kincaid, 798 F. App'x 19, 23 (7th Cir 2020) (finding that inmate who had $1,500 in income in preceding six months was not destitute). Plaintiff's Trust Fund Ledger also reveals that he spent $1,621.08 on commissary purchases in the six months preceding the filing of his Complaint. See Hughes v. Anderson, 829 F. App'x 724, 726 (7th Cir. 2020) (Courts have an "oversight role" and may monitor a prisoner's expenditures "to ensure that the prisoner does not deplete his trust account in order to avoid paying the filing fee."). The Court finds that Plaintiff has sufficient means to pay the $405.00 filing fee in full, based on his lack of financial obligations and his balance of $944.38. Plaintiff's IFP Petition #7 is DENIED. Plaintiff will have 30 days from this Order in which to pay the $405.00 filing fee. The failure to pay the filing fee in full on or before September 4, 2024, will result in the dismissal of this case without prejudice. (ANW)
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| Filing 8 +++ PRISONER TRUST FUND LEDGER by Jovan A. Torbert. (JPL) |
| Filing 7 PETITION to Proceed in Forma Pauperis by Plaintiff Jovan A. Torbert. Responses due by 8/6/2024. (JPL) Modified on 7/24/2024 to correct event (JPL). Modified on 7/24/2024 (SAG). |
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TEXT ORDER entered by Judge James E. Shadid on 7/3/2024. Plaintiff filed a Motion for Extension of Time to File #6 requesting an additional 30 days to file a Petition to Proceed in forma pauperis. Plaintiff states he sent his Petition to the Dixon Correctional Center's Trust Office to complete the Certification and to attach trust fund ledgers for the last 6 months and is waiting for a response. #6 is GRANTED. Plaintiff must pay the $405 filing fee in full or file a Petition to Proceed in forma pauperis with attached trust fund ledgers for the last 6 months on or before August 15, 2024. 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.(SAG)
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| Filing 6 MOTION for Extension of Time to File by Plaintiff Jovan A. Torbert. Responses due by 7/16/2024 (FDS) |
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Filing 5
TEXT ORDER Entered by Judge James E. Shadid on 6/25/24. Plaintiff has filed a Complaint but has not paid the $405 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $405 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 4 MOTION for Service of Process at Government Expense by Plaintiff Jovan A. Torbert. Responses due by 7/9/2024 (ANW) |
| Filing 3 MOTION to Request Counsel by Plaintiff Jovan A. Torbert. Responses due by 7/9/2024 (ANW) |
| 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 7/15/2024. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by Jovan A. Torbert.(ANW) |
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