Elkins Jr. v. Doe et al
| Timothy W Elkins, Jr. |
| John Doe, . Flores and Keith Franey |
| 4:2020cv04093 |
| April 16, 2020 |
| US District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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TEXT ORDER granting #18 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 $42.49. 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 Judge Michael M. Mihm on 4/29/2020. (SAG, ilcd)
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| Filing 19 +++ PRISONER TRUST FUND LEDGER by Timothy W Elkins, Jr. (JS, ilcd) |
| Filing 18 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Timothy W Elkins, Jr.(JS, ilcd) |
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Filing 17
TEXT ORDER entered by Judge Michael M. Mihm on 4/16/2020. 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. (SAG, ilcd)
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| Filing 16 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Michael Mihm. 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 5/6/2020. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 15 Case transferred in from District of Illinois Northern; Case Number 3:19-cv-50286. |
| Filing 14 TRANSFERRED to the Central District of Illinois, Rock Island the electronic record. (jp, ) |
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Filing 13
ORDER : The Court transfers this action forthwith to the United States District Court for the Central District of Illinois, Rock Island Division, for consideration of Plaintiff's complaint #1 and memorandum and trust fund statement #11 and for whatever other action the transferee court deems appropriate. This case and all pending motions are terminated on this Court's docket. Civil case transferred. [See STATEMENT] Signed by the Honorable John Robert Blakey on 4/16/2020. Mailed notice (jp, )
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Filing 12
ORDER : Plaintiff's motion for extension of time is #8 denied as moot because the Court already extended the deadline for Plaintiff to submit an application to proceed in forma pauperis (IFP). Plaintiff states he was placed in quarantine for three days beginning on March 12, 2020 as part of Dixon Correctional Center's response to COVID-19, #8 , and he worries he will be unable to complete an IFP application by the original deadline of March 31, 2020. General Order 20-0012 and Amended General Order 20-0012, which were sent to Plaintiff on March 17 and 31, 2020, respectively, however, extended all deadlines in civil cases by a total of forty-nine days. See #7 , #9 . Therefore, Plaintiff has until May 19, 2020 to submit an IFP application or pay the filing fee. Plaintiff also requests that the Court order Dixon prison officials to provide him with certified copies of his trust fund account statements. See #8 . Plaintiff indicates that requested his trust fund account statement on March 11, 12, and 13, 2020, but as of March 17, 2020the date he drafted the present motionhad not received it. Id. Plaintiff's request #8 is denied without prejudice. Particularly in light of the increased burden the novel coronavirus has placed on prisons, a delay of six days is not unreasonable. Plaintiff should continue to work with prison officials to obtain his trust fund statement to the extent he is able to do so. Plaintiff may renew his request for Court intervention or for further extension of the deadline if he is unable to submit a complete IFP application by May 19, 2020. Signed by the Honorable John Robert Blakey on 4/13/2020. Mailed notice (jp, )
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| Filing 11 MEMORANDUM and Trust Fund Statement by Timothy W. Elkins Jr. (Attachments: #1 Envelope)(jp, ) |
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Filing 10
ORDER CORRECTED ENTRY: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice...Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020:Mailed notice(docket7, )
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Filing 9
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/23/2020: Mailed notice. (docket7, )
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| Filing 8 MOTION by Plaintiff Timothy W. Elkins, Jr. for Extension of Time and to Order the Illinois Department of Corrections and Dixon Correctional Center to Provide the Required Certified Copy of the Plaintiff's Trust Fund Account Statement. (Attachments: #1 Envelope)(jp, ) |
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Filing 7
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (tg, )
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Filing 6
ORDER: Plaintiff has submitted a complaint #1 but did not prepay the filing fee or file an application for leave to proceed in forma pauperis. By March 31, 2020, Plaintiff must either: (1) submit a completed application for leave to proceed in forma pauperis (IFP) that includes a certified copy of the trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of the complaint and a completed certification from the appropriate official of each prison where Plaintiff is or was confined during the last six months; or (2) pay the full statutory filing fee of $400. If he fails to file an IFP application or pay the fee, the Court will summarily dismiss this case.Plaintiff has also submitted a motion for a status update and for appointment of counsel. See #5 . Plaintiff's request for a status update is granted to the extent this order informs Plaintiff of the status of his case. Plaintiff's request for recruitment of counsel #5 is denied without prejudice, as recruitment of counsel is not warranted at this time. Right now, all that is required of Plaintiff is that he submit a properly completed IFP application or pay the filing fee. The Clerk is directed to send Plaintiff a blank application to proceed in forma pauperis, along with a copy of this order. Plaintiff's motion to accept verification on newly opened case #4 is denied because it is unnecessary; the Court has received Plaintiff's complaint and verification. Signed by the Honorable John Robert Blakey on 3/9/2020:mailed notice(pg, )
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| mailed plaintiff blank I.F.P. form and copy of 3/9/2020 order. (pg, ) Modified on 3/9/2020 (pg, ). |
| Filing 5 MOTION by Plaintiff Timothy W. Elkins Jr. for attorney representation and request for status of case. (pg, ) |
| Filing 4 MOTION by Plaintiff Timothy W. Elkins Jr. To Accept Verification On Newly Opened Case (pg, ) |
| Filing 3 Pursuant to the Fourth Amended General Order 19-0007, dated 6/27/2019, this case is assigned to the Honorable John Robert Blakey and referred generally to the Honorable Lisa A. Jensen. Signed by Executive Committee on 6/27/2019. (jp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (pg, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Timothy W. Elkins Jr. (pg, ) |
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