Berry v. Bustos et al
| DeWaun A Berry |
| . Bustos, . Lape, . Young, . Prine, . Ward, . Dunn, . Lagaise and John Doe |
| 4:2021cv04206 |
| December 6, 2021 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 8 +++ PRISONER TRUST FUND LEDGER by DeWaun A Berry (GL) |
Filing 7
ORDER entered by Judge Sue E. Myerscough on 2/1/2022. IT IS ORDERED:1) Pursuant to its merit review of the Complaint under 28 U.S.C. 1915A, Plaintiff's complaint is dismissed for failure to state a claim. 2) Plaintiff may file an amended complaint by February 28, 2022. If Plaintiff does not file an amended complaint by February 28, 2022, or the amended complaint still fails to state a claim, this action will be dismissed with prejudice for failure to state a claim, and this case will be closed. 3) Plaintiff's first proposed amended complaint filed as a motion for leave is denied #3 because piecemeal amendments are not allowed. The proposed amended complaint must replace the prior complaint in its entirety. (KB)
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TEXT ORDER entered by Judge Sue E. Myerscough on 1/28/2022 granting #4 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 $14.44. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court within 30 days of this order. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall 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, including gifts. 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, and to Plaintiff. (Prisoner Prepayment due by 2/28/2022. (KB)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER. by DeWaun A Berry (ME) Modified on 12/21/2021 - corrected typo. (ME). |
| Filing 5 Letter from Clerk's Office to Trust Fund Department at Rock Island County Jail requesting trust fund ledgers for DeWaun A Berry. (KB) |
| Filing 3 MOTION for Leave to Amend Complaint by Plaintiff DeWaun A Berry. Responses due by 12/28/2021. (GL) |
| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by DeWaun A Berry.(GL) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 12/7/2021. Plaintiff has filed a Complaint but has not paid the $402 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $402 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. (KE)
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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 12/27/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by DeWaun A Berry. (Attachments: #1 Exhibit, #2 Envelope)(KE) |
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