Colvin v. Wickersham
| Branden Colvin, Sr. |
| C/O Wickersham |
| 4:2018cv04152 |
| August 3, 2018 |
| US District Court for the Central District of Illinois |
| Rock Island Office |
| Rock Island |
| James E Shadid |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on September 6, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER entered by Chief Judge James E. Shadid on 9/6/2018. On August 3, 2018, Plaintiff filed a letter with the Court alleging an inmate at the Rock Island County jail was threatening him. It appeared Plaintiff was asking to pursue criminal charges against the inmate, but Plaintiff also mentioned correctional officers. #1 . The document was filed as a complaint, but it was unclear if this was Plaintiff's intention. See Bahler v Lopez, 2007 WL 1375924 (7th Cir. May 10, 2007)(clerk may not refuse pro se plaintiffs initial submission, a letter, for failing to follow Fed.R.Civ.P 8). Therefore, Plaintiff was advised if he wished to pursue a lawsuit he must either pay the filing fee or file a motion to proceed in forma pauperis (IFP) and file a complaint clearly setting forth his claims. See August 7, 2018 Text Order. Plaintiff has filed an IFP motion. However, instead of filing a complaint, Plaintiff has filed three letters with the Court. [5, 6, 8]. Plaintiff has still not clearly articulated his claims or Defendants. The Court will allow Plaintiff one FINAL opportunity to clarify his claims and defendants. The Clerk of the Court is to provide Plaintiff with a blank complaint form. To avoid further confusion, Plaintiff MUST fill out the complaint form provided listing his specific Defendants and claims on or before September 21, 2018 as he has in other lawsuits filed in the Central District. If Plaintiff fails to file a proposed complaint on or before September 21, 2018, his case will be dismissed.(VH, ilcd)
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| Filing 8 NOTICE to the Court filed by Branden Colvin, Sr. (VH, ilcd) |
| Filing 7 +++ PRISONER TRUST FUND LEDGER by Branden Colvin, Sr (VH, ilcd) |
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TEXT ORDER granting #3 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 $14.75. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) 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. Entered by Chief Judge James E. Shadid on 8/24/2018. (VH, ilcd)
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| Filing 6 Letter from Branden Colvin Sr. (VH, ilcd) |
| Filing 5 Letter from Branden Colvin Sr. (VH, ilcd) |
| Filing 4 Letter from CDIL to Rock Island County Jail, Attn: Trust Fund Department, requesting trust fund ledgers as to Branden Colvin, Sr. (VH, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Branden Colvin, Sr.(VH, ilcd) |
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TEXT ONLY ORDER entered by Chief Judge James E. Shadid on 8/7/2018. Plaintiff filed a letter with the Court which has been filed as a complaint. See Bahler v Lopez, 2007 WL 1375924 (7th Cir. May 10, 2007)(clerk may not refuse pro se plaintiffs initial submission, a letter, for failing to follow Fed.R.Civ.P 8). However, it is not clear to the Court whether the Plaintiff intended to open a lawsuit. Therefore, the Court will allow the Plaintiff 21 days to clarify his intentions. If the Plaintiff DID intend to file a lawsuit, he must file a complaint clearly setting forth his claims and Defendants on or before August 27, 2018. Plaintiff must also either pay the filing fee in full or file a motion to proceed in forma pauperis (IFP) on or before August 27, 2018. If the Plaintiff did NOT intend to open a lawsuit, he needs to state so in writing on or before the August 27, 2018 deadline. The Court will then dismiss this lawsuit and no filing fee will be owed. If the Plaintiff takes no action by the August 27, 2018 deadline, then the Court will assume Plaintiff did intend to open a lawsuit and he will be responsible for the $400 filing fee even if his case is later dismissed. The Clerk is to send the Plaintiff a blank complaint form and IFP form to assist him. (RK, ilcd)
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| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Chief 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 8/23/2018. (Attachments: #1 NOTICE REGARDING PRIVACY ISSUES.)(VH, ilcd) |
| Filing 1 COMPLAINT against Wickersham, filed by Branden Colvin, Sr.(VH, ilcd) |
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| Plaintiff: Branden Colvin, Sr. | |
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