Powers v. Caraway et al
| Thomas Powers |
| Louie Sisto, Tammy Teel, Cassandra Simmons, Paula Lodge, John and Jane Does and Sharlene Caraway |
| 4:2019cv04117 |
| June 10, 2019 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 16 CIRCUIT RULE 3(b) FEE NOTICE re #10 Notice of Appeal. (VH, ilcd) |
Filing 15
TEXT ORDER entered by Judge Joe Billy McDade on 8/6/2019. On 8/1/19, the Court denied Plaintiff's request for a waiver of the partial filing fee and vacated the order granting him IFP status. This was done in response to Plaintiff's long-standing history of dissipating funds prior to filing suit, and then claiming poverty and requesting a waiver of the partial filing fee. See Miller v. Hardy, 497 Fed. Appx. 618, 621 (7th Cir. 2012). "[S]ection 1915 does not compel a district court to permit an indigent prisoner to proceed without prepayment of fees, and thus an inmate who attempts to evade paying fees may forfeit the privilege of proceeding IFP so as not to profit from his deception." Plaintiff was instructed that if he did not pay the full $400 filing fee within 30 days his case would be dismissed. Prior to the running of the 30-day period, Plaintiff filed #12 , a motion for leave to proceed in forma pauperis on appeal. "Ordinarily, a dismissal without prejudice is not a final, appealable order. The denial of a motion to proceed IFP, however, is an exception to this rule and an appealable order." Turley v. Gaetz, 625 F.3d 1005, 1014 n.3 (7th Cir. 2010) (internal citations omitted). See also, Roberts v. United States Dist. Court for N. Dist. of California, 339 U.S. 844, 845, (1950) ("[t]he denial by a District Judge of a motion to proceed in forma pauperis is an appealable order.") Under 28 U.S.C. 1915(a)(3), "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." A good faith appeal is an appeal that "a reasonable person could suppose... has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). Plaintiff does not, however, identify the issues to be appealed, instead instructing the Court to "See Docketing Statement." As Plaintiff fails to identify the issues on appeal, the Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that Plaintiff's appeal is not in good faith. See also Fed. R. App. P. 24(a)(4)(B). Plaintiff's Motion for Permission to Appeal in forma pauperis #12 is DENIED. If Plaintiff seeks to contest this Court's finding, he must renew his Motion for Permission to Appeal in forma pauperis in the Court of Appeals within 30 days after service of this order. Fed. R. App. P. 24(a)(5). The Clerk is directed to send a copy of this Order to the Seventh Circuit Court of Appeals. (SAG, ilcd)
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| Filing 14 NOTICE of Docketing Record on Appeal from USCA re #10 Notice of Appeal filed by Thomas Powers. USCA Case Number 19-2490. (VH, ilcd) |
| Filing 13 Short Record of Appeal Sent to US Court of Appeals re #10 Notice of Appeal. (VH, ilcd) |
| Filing 12 MOTION for Leave to Appeal in forma pauperis by Plaintiff Thomas Powers. Responses due by 8/19/2019 (VH, ilcd) |
| Filing 11 DOCKETING STATEMENT by Thomas Powers re #10 Notice of Appeal. (VH, ilcd) |
| Filing 10 NOTICE OF APPEAL as to #9 Order by Thomas Powers. (VH, ilcd) |
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Filing 9
ORDER entered by Judge Joe Billy McDade on 8/1/2019. IT IS THEREFORE ORDERED: 1) Plaintiff's request for in forma pauperis status and requests for waiver of thepartial filing fee or conversion of life reward points ECF #3 , #7 and #8 are all DENIED. 2) The June 11, 2019 order allowing Plaintiff to proceed in forma pauperis upon payment of a $44.25 partial filing fee is VACATED. Plaintiff must pay the full $400 filing fee within 30 days or risk dismissal of this case without prejudice. 3) Plaintiff's request for recruitment of pro bono counsel ECF #5 , is DENIED with leave to reassert if he pays the $400 filing fee within 30 days. SEE FULL WRITTEN ORDER.(SAG, ilcd) (SAG, ilcd).
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| Filing 8 AMENDED MOTION to Waive Fees by Plaintiff Thomas Powers. Responses due by 7/2/2019 (VH, ilcd) |
| Filing 7 MOTION to Waive Fees by Plaintiff Thomas Powers. Responses due by 7/1/2019 (VH, ilcd) |
| Filing 6 +++ PRISONER TRUST FUND LEDGER. (SAG, ilcd) |
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VACATED PURSUANT TO ORDER ENTERED 8/1/2019--TEXT ORDER: This Court has instituted a reduced filing fee procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment will be assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $400 filing fee). Income includes all deposits from any source. Plaintiff Thomas Powers is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. Plaintiff's ledgers for the past six months show an average monthly income of $88.49. Plaintiff is ordered to send an institutional check or money order in the amount of $44.25, payable to Clerk, U.S. District Court within 30 days from the date of this order. The reduced fee may be waived if the plaintiff, within 14 days of this order, files a motion to waive the fee and demonstrates good cause for such waiver. Entered by Judge Joe Billy McDade on 6/11/2019. (SAG, ilcd) Modified on 8/2/2019 (SAG, ilcd).
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| Set/Reset Deadlines: Prisoner Prepayment due by 7/11/2019 (SAG, ilcd) |
| Filing 5 MOTION to Request Counsel by Plaintiff Thomas Powers. Responses due by 6/24/2019 (SAG, ilcd) |
| Filing 4 Letter from Clerk of Court to Rushville TDF Trust Fund Dept requesting trust fund ledgers 12/10/2018 through 6/10/2019 (SAG, ilcd) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Thomas Powers. Responses due by 6/24/2019 (SAG, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. 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 7/1/2019. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Thomas Powers.(SAG, ilcd) |
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