Penton v. Lodge et al
| Jordan Penton |
| Paula Lodge, Vipin Shah, Shan Jumper, Twila Batterton, Yaser Haq, Crystal Fackrell and Michelle Shultz |
| 4:2024cv04040 |
| February 23, 2024 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge James E. Shadid on 4/17/24. Plaintiff's Trust Fund Ledgers #7 , #10 show that he does not currently have the funds to pay the reduced initial partial filing fee assessed by the Court for indigent plaintiffs who are institutionalized, but not prisoners as defined by 28 U.S.C. Section 1915(h). Therefore, Plaintiff's Petition to Proceed In Forma Pauperis #3 and Motion to Waive Fee #9 are GRANTED. As to Plaintiff's Motions to Request Counsel #4 , #8 , Plaintiff has no constitutional or statutory right to counsel in this case. In considering the Motions, the Court asks: (1) has the indigent Plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself? Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Plaintiff has not shown that he made a reasonable effort to obtain counsel on his own. A plaintiff usually does this by attaching copies of letters sent to multiple attorneys seeking representation and copies of any responses received. Because Plaintiff has not satisfied the first prong, the Court does not address the second. Plaintiff's motion is DENIED, with leave to renew. With these pending motions resolved, the Court will conduct a merit review in due course. (ANW)
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| Filing 10 +++ PRISONER TRUST FUND LEDGER by Jordan Penton. (Attachments: #1 Envelope) (DS) |
| Filing 9 MOTION to Waive Fee by Plaintiff Jordan Penton. Responses due by 4/29/2024. (DS) Modified on 4/16/2024 to change from IFP to Motion to Waive Fee (DS). |
| Filing 8 MOTION to Request Counsel by Plaintiff Jordan Penton. Responses due by 4/29/2024. (Attachments: #1 Envelope)(DS) |
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TEXT ORDER entered by Judge James E. Shadid on 4/9/24. On 2/26/24, the Court entered a Text Order that directed Plaintiff to send an institutional check or money order in the amount of $16.67, payable to Clerk, U.S. District Court, within 30 days. Plaintiff did not file a motion to waive fee for good cause within 14 days of that Order, nor has the Clerk received the filing fee. Therefore, the Court sua sponte extends Plaintiffs deadline to pay the initial partial filing fee by an additional 45 days, to 5/24/24. (ANW)
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| Filing 7 +++ PRISONER TRUST FUND LEDGER by Jordan Penton (KE) |
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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 $405 filing fee). Income includes all deposits from any source. Plaintiff Jordan Penton 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 $33.33. Plaintiff is ordered to send an institutional check or money order in the amount of $16.67, 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 James E. Shadid on 2/26/2024. (SAG)
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| Filing 6 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 3/8/2024. (KE) |
| Filing 5 Letter from Plaintiff regarding similar allegations to case 23-4212. (KE) |
| Filing 4 MOTION to Request Counsel by Plaintiff Jordan Penton. Responses due by 3/8/2024 (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Jordan Penton.(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 3/14/2024. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Jordan Penton. (Attachments: #1 Exhibits, #2 Envelope)(KE) |
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