Colvin v. Ortez
| Branden Colvin, Sr. |
| . Ortez |
| 4:2018cv04149 |
| July 31, 2018 |
| US District Court for the Central District of Illinois |
| Rock Island Office |
| Rock Island |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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TEXT ORDER: Plaintiff Branden Colvin, Sr. has filed at least three cases which were dismissed for failure to state a claim or as frivolous or malicious. Colvin v. RIPD, 18-cv-4102 (C.D. Ill.)(8/23/18 order dismissing for failure to state a claim); Colvin v. American Bank & Trust, 18-cv-4097 (C.D. Ill.)(8/23/18 order dismissing for failure to state a claim); Colvin v. Doe, 18-cv-4103 (C.D. Ill.)(7/24/18 and 8/14/18 order dismissing as frivolous, malicious and for failure to state a claim); Colvin v. Rock Island Police Dept., 16-cv-4118 (C.D. Ill.)(7/19/17 order granting motion to dismiss for failure to state a claim); Colvin v. Chester Mental Health, 17-cv-257 (S.D. Ill.)(4/25/17 order dismissing case as frivolous). That means that Plaintiff cannot proceed in this case unless he is under imminent danger of serious physical injury. Plaintiff alleges that Officer Ortez slammed Plaintiff's arm/wrist in the choke hole on July 10, 2018, and then twisted Plaintiff's hand. He also alleges that Officer Ortez put Plaintiff in an empty cell on June 22, 2018 with no toilet paper and nothing to sleep on. These allegations do not give rise to a plausible inference that Plaintiff is in danger of serious physical injury that is imminent (that is, physical injury that is happening or about to happen); Heimermann v. Litscher, 337 F.3d 781 (7th Cir.2003)(allegations of past harm do not suffice; the harm must be imminent or occurring at the time the complaint is filed.). Plaintiff's petition to proceed in forma pauperis is denied. (d/e #3 .) This case is dismissed for failure to pay the $400 filing fee. By September 30, 2018, Plaintiff may file a motion to reopen this case with payment of the $400 filing fee. Entered by Judge Sue E. Myerscough on 9/7/2018. (MAS, ilcd) (MAS, ilcd)
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| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Branden Colvin, Sr.(MAS, ilcd) |
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TEXT ORDER: Plaintiff has filed a Complaint but has not paid the $400 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $400 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. Entered by Judge Sue E. Myerscough on 8/3/2018. (MAS, ilcd)
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| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield,IL 62701.Merit Review Deadline set for 8/20/2018. (Attachment: #1 Notice Regarding Privacy Issues)(MAS, ilcd) |
| Filing 1 COMPLAINT against C/O. Ortez, filed by Branden Colvin, Sr.(MAS, ilcd) |
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| Defendant: . Ortez | |
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| Plaintiff: Branden Colvin, Sr. | |
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