Johnson v. Kulhan et al
| Terry C Johnson |
| Gregg Scott, David Biermann, Mickey Reed, Amy Clark, Susan Bollinger, . VanZant, James Clayton, Sharlene Caraway, . Sisto, Shan Jumper, Harmony Goorley, Liberty Health Care Inc, Jerimiah Seymour, Dora Lucas, George Davidson, Curtis Parsons, Gary Kulhan, Sandra Simpson, Wexford Healthcare Inc., Jane and John Does, John Reid, Amber Jelinek, Dale Kunkel, Diane Dobier, Cameron Campbell, Paula Lodge, Travis Smith, Wanda Pennock, Shon Orill and Kirsten Draughn |
| 4:2019cv04125 |
| June 19, 2019 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 13, 2019. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Colin Stirling Bruce on 8/13/2019. Plaintif's motion to waive filing fee #8 is DENIED. On July 29, 2019, the Court reduced the filing fee to be paid by Plaintiff from $350.00 to $16.54. Plaintiff now asks the Court to waive the initial, partial filing fee in its entirety. Plaintiff states that, although he had nearly $200.00 over the last six months, that amount was due, mostly, from a Christmas gift from his family. Plaintiff states that he does not know if he will receive any additional funds from his family. In addition, Plaintiff states that he has an appeal pending for which he will owe a filing fee either in part or in full. However, the fact that Plaintiff has an appeal pending has no bearing upon whether the Court should waive the fee in this case. Plaintiff chose to file an appeal and to file this case. Requiring litigants to make economic decisions about filing lawsuits does not deny access to the courts; it merely places the indigent plaintiffs in a position similar to that faced by those whose basic costs of living are not paid by the state. Roller v. Gunn, 107 F.3d 227, 233 (4th Cir. 1997); c.f., Lumbert v. Illinois Dept. of Corrections, 827 F.2d 257, 259 (7th Cir. 1987)("If the inmate thinks a more worthwhile use of his funds would be to buy peanuts and candy... than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is entitled to honor."). Plaintiff's account shows that he currently possesses $15.30. The Court will reduce his initial, partial filing fee to $10.00. Plaintiff must pay that $10.00 to the Court within fourteen (14) days from the date of this Order. Otherwise, the Court will dismiss this case. If Plaintiff timely pays this fee, the Court will schedule a review of his Complaint as soon as possible. (KE, ilcd)
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| Filing 8 MOTION to Waive Filing Fee by Plaintiff Terry C Johnson. Responses due by 8/22/2019. (Attachments: #1 Scanning Sheet)(DS, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 7/29/2019. The text order regarding #6 Petition to Proceed In Forma Pauperis entered 7/25/2019 is hereby STRICKEN. (KE, ilcd)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 7/29/2019. 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 Terry C Johnson 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 $33.08. Plaintiff is ordered to send an institutional check or money order in the amount of $16.54, 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. (KE, ilcd)
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| Set Deadline: Miscellaneous Deadline 8/12/2019 (SAG, ilcd) |
| Filing 7 +++ PRISONER TRUST FUND LEDGER by Terry C Johnson. (KE, ilcd) |
| Filing 6 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Terry C Johnson.(KE, ilcd) Modified on 7/26/2019 to show pending. (KE, ilcd). |
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STRICKEN - TEXT ORDER entered by Judge Colin Stirling Bruce on 7/25/2019 granting #6 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 $6.62. 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. (KE, ilcd) Modified on 7/29/2019 to show stricken pursuant to text order entered 7/29/2019. (KE, ilcd).
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TEXT ORDER entered by Judge Colin Stirling Bruce on 7/25/2019. Plaintiff's motion for reconsideration #4 is GRANTED. Plaintiff moves the Court to reconsider its Order dismissing this case for failure to pay the filing fee or to move for leave to proceed in forma pauperis. Plaintiff claims that he submitted his IFP application on June 26, 2019, and therefore, the Court should not have dismissed this case. The Court did not receive Plaintiff's IFP application on June 26, but he has submitted one along with his motion for reconsideration. Accordingly, the Court will grant his motion and will re-open this case. The Clerk of the Court is directed to re-open this case. The Clerk is further directed to docket Plaintiff's motion for leave to proceed in forma pauperis that is attached to his motion to reconsider. Finally, Plaintiff's motion for counsel #5 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a review of the complaint. Plaintiff may renew his motion if his claim survives a review of his Complaint that the Court will conduct in the near future. (KE, ilcd)
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| Filing 5 MOTION to Request Counsel by Plaintiff Terry C Johnson. Responses due by 8/7/2019. (Attachments: #1 Exhibit, #2 Scanning Sheet)(DS, ilcd) |
| Filing 4 MOTION for Reconsideration re Text Order dated 7/22/19 by Plaintiff Terry C Johnson. Responses due by 8/7/2019. (Attachments: #1 Exhibit, #2 Scanning Sheet)(DS, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 7/22/2019. On June 19, 2019, the Court gave Plaintiff thirty (30) days either to pay the required filing fee owed in this case or to move for leave to proceed in forma pauperis. To date, Plaintiff has not complied with the Court's Order; he has neither paid the fee nor moved for IFP status. Accordingly, this case is dismissed, without prejudice, based upon Plaintiff's failure to pay the filing fee and based upon Plaintiff's failure to comply timely with the Court's Order. (KE, ilcd)
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| Filing 3 Remark: IFP form attached. (SAG, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 7/9/2019. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Terry C Johnson. (Attachments: #1 Part 2)(SAG, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 6/19/2019. Plaintiff has not filed a petition to proceed in forma pauperis nor paid the $400 filing fee. The Clerk is directed to mail to the plaintiff an application to proceed in forma pauperis. Within 30 days, plaintiff must either pay the $400 filing fee or file an application to proceed in forma pauperis, along with account statements for the previous six months, or his complaint will be dismissed without prejudice.(SAG, ilcd)
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