Winston v. Novy
| Andre Winston |
| James Novy |
| 4:2025cv04161 |
| September 10, 2025 |
| U.S. District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| 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 September 22, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 JUDGMENT entered. (KE) |
Filing 5
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 9/22/2025. The Clerk of the Court is directed to change Defendant's name from "Novy James" to "James Novy" on the Court's docket. Plaintiff's Complaint fails to state a claim upon which relief can be granted, and allowing Plaintiff to attempt to amend his complaint based upon the facts as alleged by him would be futile. Fed. R. Civ. P. 12(b)(6). Plaintiff's motion for leave to proceed in forma pauperis #3 is DENIED. This case is DISMISSED WITH PREJUDICE based upon Plaintiff's failure to file a complaint upon which relief can be granted. Fed. R. Civ. Pro. 12(b)(6). The Clerk of the Court is directed to enter judgment in Defendant's favor and against Plaintiff. All other pending motions are denied as moot, and this case is terminated. All deadlines and settings on the Court's calendar are vacated. If he wishes to appeal this judgment, Plaintiff must file a notice of appeal with this Court within thirty (30) days of the entry of judgment. Fed. R. App. P. 4(a)(4). If he wishes to proceed in forma pauperis on appeal, Plaintiff's motion for leave to appeal in forma pauperis must identify the issues that he will present on appeal to assist the Court in determining whether the appeal is taken in good faith. If he chooses to appeal, Plaintiff will be liable for the $605.00 appellate filing fee regardless of the outcome of the appeal. See written order. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 9/11/2025. This Court has instituted a reduced payment procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment is 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. The plaintiff Andre Winston is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. However, the plaintiff's ledgers for the past six months show an average monthly income of $1.00 or less. No reduced filing fee will be assessed. (KE)
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| Filing 4 +++ PRISONER TRUST FUND LEDGER by Andre Winston (KE) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Andre Winston. Responses due by 9/24/2025 (KE) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 9/30/2025. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Andre Winston. (Attachments: #1 Scanning Page)(KE) |
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| Plaintiff: Andre Winston | |
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| Defendant: James Novy | |
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