Cole v. Dart et al
| Keyon Cole |
| Unknown Deputy, Maintence Superintendent, Cermak Superintendent, Dellis and Thomas J. Dart |
| 1:2019cv02420 |
| April 10, 2019 |
| U.S. District Court for the Northern District of Illinois |
| John J Tharp |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 27, 2019. A more recent docket listing may be available from PACER.
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| Filing 11 COMPLAINT filed by Keyon Cole; Jury Demand (Exhibits). (Envelope postmarked 3/28/19)(aee, ) |
| Filing 8 MAIL RETURNED, for document #7 sent to Keyon Cole returned as undeliverable, return to sender. New address found, re-mailed to Stateville-STV, P.O. Box 112, Joliet, IL 60434 (ecw, ) |
| Filing 9 NOTICE by Keyon Cole of Change of Address. (Envelope not postmarked) (aee, ) |
Filing 7
ORDER: Plaintiff's sealed response #6 to the Court's order of April 18, 2019 #5 demonstrates that Plaintiff anticipates a substantial settlement payment that is more than sufficient to cover Plaintiff's filing fee in all of his cases. Accordingly, Plaintiff's application for leave to proceed in forma pauperis #3 is denied. See Cruz v. Zwart, No. 9:13-CV-1287, 2014 WL 4771664, at *4 (N.D.N.Y. Sept. 24, 2014) ("The authority of a court to deny or limit a request to proceed IFP is implicit in the permissive, rather than compulsory, language of the controlling statute, which provides that "'any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor[.]'") (quoting 28 U.S.C. 1915(a)(1)). By July 19, 2019, Plaintiff must pay the full $400.00 filing fee for this action and the filing fee balances for the previous cases he brought in this district, which are set forth in the Court's order of this date in No. 19 C 0658. He may do so by sending checks or money orders made payable to Clerk, United States District Court, at 219 South Dearborn Street, Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor. The payments should clearly identify Plaintiff's name and the case number of the case to which the specific payment applies. In the event that Plaintiff has not received the settlement payment by June 30, 2019, he may file a request to extend this payment deadline. If Plaintiff fails to comply with the foregoing, this case will be summarily dismissed. This case will not necessarily proceed if Plaintiff pays his filing fees; the Court will then address Plaintiff's response to the Court's April 18, 2019 order regarding his financial disclosures, and, if appropriate, consider any remaining submissions. Signed by the Honorable John J. Tharp, Jr on 6/10/2019. Mailed notice (aee, )
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| Filing 6 SEALED DOCUMENT by Plaintiff Keyon Cole (jjr, ) (Additional attachment(s) added on 5/6/2019: #1 Sealed Document) (jjr, ). |
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Filing 5
ORDER: Plaintiff's application for leave to proceed in forma pauperis #3 is under review. To aid the Court's review, by May 17, 2019, Plaintiff must submit a written statement under oath that: (1) provides the settlement details of Case Nos. 17 C 6506, 17 C 4079, and 18 C 6377, including a copy of the settlement agreement or all information set forth below; (2) explains why he did not disclose the settlement in his application for leave to proceed in forma pauperis or complaint in this case; and (3) attaches a trust fund account statement covering March 27, 2018, through the date of Plaintiff's under-oath statement. Plaintiff is warned that, if the settlement amount is sufficient to cover them, he likely will be ordered promptly to pay the filing fee for this case and any outstanding filing fees on his previously-filed cases. Plaintiff is given permission to file his response under seal if he believes this is necessary to comply with the terms of any settlement agreement he has entered (to do so, he should write "File Under Seal With Permission of the Court" on the top of his submission). Failure to submit the under-oath statement by the foregoing date will result in dismissal of this case. Plaintiff's motion for attorney representation #4 is denied without prejudice to renewal should this case proceed. Signed by the Honorable John J. Tharp, Jr on 4/18/2019. Mailed notice (aee, )
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| Filing 4 MOTION by Plaintiff Keyon Cole for attorney representation. (aee, ) |
| Filing 3 APPLICATION by Plaintiff Keyon Cole for leave to proceed in forma pauperis (Exhibits). (aee, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (aee, ) |
| Filing 1 RECEIVED Complaint and one copy by Keyon Cole (Exhibits). (Attachments: #1 Envelope) (Envelope postmarked 3/28/19) (aee, ) |
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