Sims v. State of Illinois et al
| Danny Sims |
| State of Illinois and Illinois Department of Corrections |
| 4:2025cv04042 |
| February 21, 2025 |
| U.S. District Court for the Central District of Illinois |
| Eric I Long |
| Sue E Myerscough |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 14, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER entered by District Judge Sue E Myerscough on 4/14/2025. Plaintiff has filed a Motion to Dismiss #6 , indicating that the Complaint #1 and IFP Petition #3 were erroneously sent to the Clerk of Court and asking that this case be "cancelled." Upon review, it is clear from Plaintiff's Complaint and the accompanying Certificate of Service that he had intended to file this case in the Illinois Court of Claims and had attempted to mail the Complaint to that Court. Because Defendants have not yet filed an answer to the Complaint #1 , Plaintiff is entitled to voluntarily dismiss this case, without court order, pursuant to Federal Rule of Civil procedure 41(a)(1)(A)(i). Plaintiff's Motion #6 is therefore GRANTED. Further, because this case was docketed in error by the Clerk of Court, despite the caption on the Complaint specifying it was to be filed in the Illinois Court of Claims, the Court VACATES the Order entered 2/27/2025 granting Plaintiff's IFP Petition and ordering him to pay an initial partial filing fee of $72.90, followed by monthly payments until the filing fee of $350 is paid in full. See Fed. R. Civ. P. 60(a) (correcting a clerical mistake or a mistake arising from oversight or omission). The Clerk is DIRECTED to issue a refund to Plaintiff of the fees received to date, totaling $32.36, and to notify the Hill Correctional Center Trust Fund Department that no further fees should be withheld from Plaintiff's trust fund and paid to the Clerk of Court in this matter. This case is now terminated. (VH)
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| Prisoner Initial Partial Filing Fee received 3/6/2025, in the amount of $32.36; receipt number 400001153 (RES) |
| Filing 6 Motion to Dismiss by Plaintiff Danny Sims. (AEJ) Modified on 3/4/2025 to correct docketing event (AEJ). |
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VACATED PURSUANT TO TEXT ORDER ENTERED ON 4/14/2025 TEXT ORDER entered by District Judge Sue E Myerscough on 2/27/25.granting #3 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 $32.36. 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 3/31/2025 (ANW) Modified on 4/14/2025 (VH).
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| Filing 5 +++ PRISONER TRUST FUND LEDGER (AEJ) |
| Filing 4 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 3/7/2025. (ANW) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Danny Sims.(ANW) |
| 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 3/13/2025. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by Danny Sims.(ANW) |
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