Powers v. Lodge et al
| Thomas Powers |
| Paula Lodge and Shan Jumper |
| 4:2022cv04131 |
| September 13, 2022 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge James E. Shadid on 11/10/2022. Plaintiff's motion asking to proceed with his previously filed complaint and his renewed motion to proceed IFP in this litigation are both denied. #19 , #20 . This case is closed, and Plaintiff has a pending appeal. In addition, the Court has considered Plaintiff's motion for leave to proceed IFP on appeal. (KE)
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| Filing 22 USCA Circuit Rule 3(b) Notice as to #13 Notice of Appeal filed by Thomas Powers. (AEM) |
| Filing 21 NOTICE of Docketing Record on Appeal from USCA re #13 Notice of Appeal filed by Thomas Powers. USCA Case Number 22-3021. (AEM) |
| Filing 20 MOTION for Leave to Proceed in forma pauperis by Plaintiff Thomas Powers. Responses due by 11/23/2022 (KE) |
| Filing 19 MOTION for Leave to Proceed with Previously Filed Complaint by Plaintiff Thomas Powers. Responses due by 11/23/2022 (Attachments: #1 Exhibit, #2 Complaint, #3 Scanning page)(KE) |
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TEXT ORDER entered by Judge James E. Shadid on 11/9/2022. Plaintiff's case was dismissed on September 16, 2022, when Plaintiff failed to pay the filing fee. See September 16, 2022, Text Order; September 21, 2022, Text Order. Plaintiff has now filed a motion for leave to proceed IFP on appeal #15 and a motion for appointment of counsel #17 . Plaintiff states he is an indigent, civil detainee at the Rushville Treatment and Detention Center, and he is not subject to the PLRA #15 . Regardless, the Seventh Circuit Court of Appeals has previously advised Plaintiff he cannot proceed IFP until he had paid, in full, all outstanding fees and costs from his numerous, previous lawsuits. See Powers v. Wilcoxen, App. Case. No. 19-2478, Oct. 15, 2019, Order; see also Powers v. Caraway, Case No. 20-4080, August 4, 2020, Text Order. Based on this order, Plaintiff may not proceed IFP on appeal. This Court further certifies, pursuant to 28 U.S.C. Sec 1915(a)(3), that the appeal is not in good faith. The motion is denied #15 . If the Plaintiff wishes to contest this Court's finding, he must file a motion with the Court of Appeals seeking review within 30 days after service of this order. See Fed.R.App.P. 24(a). The clerk is directed to submit a copy of this order to the United States Court of Appeals for the Seventh Circuit. Plaintiff's motion for appointment of counsel is also denied as this Court does not have jurisdiction over Plaintiff's appeal #17 . (SAG)
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| Filing 18 Short Record of Appeal Sent to US Court of Appeals re #13 Notice of Appeal (AEM) |
| Filing 17 MOTION to Request Counsel by Plaintiff Thomas Powers. Responses due by 11/22/2022 (AEM) |
| Filing 16 +++ PRISONER TRUST FUND LEDGER. by Thomas Powers (AEM) |
| Filing 15 MOTION for Leave to Appeal in forma pauperis by Plaintiff Thomas Powers. Responses due by 11/22/2022 (AEM) |
| Filing 14 DOCKETING STATEMENT by Thomas Powers re #13 Notice of Appeal. (AEM) |
| Filing 13 NOTICE OF APPEAL as to #7 Order Dismissing Case by Thomas Powers. (AEM) |
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TEXT ORDER entered by Judge James E. Shadid on 9/21/2022. Plaintiff's case was dismissed on September 16, 2022, when Plaintiff failed to pay the filing fee. See September 16, 2022, Text Order. Plaintiff also failed to mention the filing ban prohibiting him from proceeding in forma pauperis (IFP) until he paid all outstanding fees, and he failed to provide a list of any remaining fees owed as previously directed. See September 16, 2022, Text Order. Plaintiff has now filed additional motions to proceed IFP #9 , #11 . The motions are denied #9 , #11 . This case is closed. Plaintiff has also filed a "Motion to Rescind the Orders of October 15, 2019 and April 20, 2020" #12 . Plaintiff has attached the two orders from the Seventh Circuit Court of Appeals. (Plain. Mot., #12 , p. 9-16). A district court cannot rescind orders of the appellate court. The motion is denied #12 . (SAG)
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| Filing 12 MOTION to Rescind by Plaintiff Thomas Powers. Responses due by 10/3/2022 (SAG) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Plaintiff Thomas Powers. Responses due by 10/3/2022 (SAG) |
| Filing 10 +++ PRISONER TRUST FUND LEDGER by Thomas Powers. (KE) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Plaintiff Thomas Powers. Responses due by 10/3/2022 (Attachments: #1 Exhibit, #2 Cover Letter)(KE) |
| Filing 8 JUDGMENT entered in a civil case (SAG) |
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Filing 7
TEXT ORDER entered by Judge James E. Shadid on 9/16/2022. Plaintiff, a detainee at the Rushville Treatment and Detention Center, has recently filed a complaint, a motion to proceed in forma pauperis, and a motion for appointment of counsel #1 , #3 , #5 . Plaintiff does not mention the filing bar imposed in the Central District of Illinois on August 26, 2019, and upheld by the Seventh Circuit Court of Appeals. See Powers v Wilcoxen, Case No. 19-4090, August 26, 2019, Order; see also Powers v Wilcoxen, Case No. 19-2478 (7th Cir. May 9, 2022)(attached). Plaintiff has forfeited the privilege of proceeding in forma pauperis in any new lawsuit until he has paid all outstanding fees and costs. Powers v Wilcoxen, Case No. 19-4090, 25 . Plaintiff was aware he had not paid the outstanding fees and could not proceed IFP when he filed his complaint. See Powers v Wilcoxen, Case No. 19-4090, March 28, 2022, Text Order. Nonetheless, Plaintiff failed to pay the $402 filing fee and failed to mention the filing bar. In addition, Plaintiff ignored the Court's order to "inform the court of any outstanding fees if he seeks to proceed in forma pauperis in any and all future lawsuits." Powers v Wilcoxen, Case No. 19-4090, August 26, 2019, Order, p. 5. Therefore, this case is dismissed in its entirety with prejudice. All motions are denied as moot #3 , #5 . Plaintiff is responsible for payment of the filing fee in this lawsuit.(SAG)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER (SAG) |
| Filing 5 MOTION to Request Counsel by Plaintiff Thomas Powers. Responses due by 9/27/2022 (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Thomas Powers. (Attachments: #1 Account Statement) (KE) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Thomas Powers. Responses due by 9/27/2022 (KE) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to 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 10/3/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Thomas Powers. (Attachments: #1 Scanning Page)(KE) |
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