Hughes v. Dart et al
| Michael Hughes |
| Cook County, Ex-cop Supt., Unknown Supervisor (s), Unknown Deputy (s) and Tom Dart |
| 1:2019cv02487 |
| April 12, 2019 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 ATTORNEY Appearance for Defendant Tom Dart by Joseph Thomas Murphy (Murphy, Joseph) |
| Filing 11 ATTORNEY Appearance for Defendant Tom Dart by Danielle Mikhail (Mikhail, Danielle) |
| Filing 10 MINUTE entry before the Honorable Virginia M. Kendall. On 5/21/19, Plaintiff filed a letter in this case, and each of his other cases, asking for an accounting of the filing fees that he still owes. Plaintiff is advised that the Prison Litigation Reform Act (PLRA) provides that "if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee." 28 U.S.C. 1915(b)(1). The Seventh Circuit has interpreted this provision of the PLRA to mean that prisoners... always must pay in full. Newlin v. Helman, 123 F.3d 429, 432 (7th Cir. 1997). The requirement that prisoners pay the full filing fee applies even if/when a case has been dismissed, whether voluntarily or involuntarily. Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999). Accordingly, Plaintiff still owes the following in filing fees as of the date of this order: Case 19-cv-3282: $350, Case 19-cv-3174: $350, Case 19-cv-2487: $350, Case 19-cv-2457: $350, Case 19-cv-1791: $350, Case 18-cv-6587: $339.75, Case 18-cv-6583: $319.84, Case 18-cv-6139: $328.23, Case 18-cv-6138: $319.84, Case 18-cv-5895: $319.84, Case 18-cv-5582: $319.84. Plaintiff has been granted leave to proceed in forma pauperis in each of the above actions, and thus these remaining fees will be collected from his trust fund account using the mechanism found in 28 U.S.C. 1915. Mailed notice (lk, ) |
| Filing 9 WAIVER OF SERVICE returned executed (cc, ) |
| Filing 8 WAIVER OF SERVICE returned executed by U.S. Marshals Service. Tom Dart waiver sent on 5/28/2019, answer due 7/29/2019. (dal, ) |
| Filing 7 LETTER from Michael Hughes. (Envelope postmarked 5/15/19) (cc, ) |
| MAILED one blank USM-285 service form, a magistrate judge consent form, filing instructions, and a copy of Order dated 4/23/2019 to the Plaintiff. (jh, ) |
| EMAILED Order dated 4/23/2019 to the trust fund officer at the Cook County Jail. (jh, ) |
| SUMMONS Issued as to Defendant Tom Dart with a Certified Copy of the Order dated 4/23/2019 to the U.S. Marshal Service via email. (jh, ) |
| Filing 6 COMPLAINT filed by Michael Hughes. (Exhibits) (jh, ) |
Filing 5
ORDER: Plaintiff's application for leave to proceed in forma pauperis #3 is granted. The trust fund officer at Plaintiff's place of incarceration is authorized to deduct $6.80 from Plaintiff's account as the initial partial payment of the filing fee and to continue making deductions in accordance with this order. As explained further below, Plaintiff's trust fund officer must collect 100% of all income into Plaintiff's trust account until accrued filing fees on his multiple cases are paid. The trust fund officers at Cook County Jail are reminded that they must follow all court orders issued pursuant to 28 U.S.C. 1915 requiring an initial filing fee deduction and the subsequent deductions at 20 percent of the preceding months income credited to the inmate's account for each action pursued. Failure to comply with any court order requiring the trust fund officers to deduct funds pursuant to 28 U.S.C. 1915 may result in the issuance of a rule to show cause to determine why the trust fund officers of the Cook County Jail shall not be sanctioned for failure to comply with court orders. The Clerk shall electronically send a copy of this order to the trust fund officer at the Cook County Jail. The Clerk of Court is further directed to: (1) file Plaintiff's complaint #1 ; (2) issue summons for service of the complaint on nominal Defendant Dart; (3) terminate Defendants Cook County and Ex-cop Supt. as Defendants; and (4) send Plaintiff one blank USM-285 service form, a magistrate judge consent form, filing instructions, and a copy of this order. The Court advises Plaintiff that a completed USM-285 form for each Defendant is required for service. The U.S. Marshal will not attempt service on a Defendant unless and until the required form for that Defendant is received. The U.S. Marshal is appointed to serve Defendant. Plaintiff's motion for attorney representation #4 is denied without prejudice. Signed by the Honorable Virginia M. Kendall on 4/23/2019. Mailed notice(jh, )
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| Filing 4 MOTION by Plaintiff Michael Hughes for attorney representation. (kp, ) |
| Filing 3 APPLICATION by Plaintiff Michael Hughes for leave to proceed in forma pauperis (Exhibits). (kp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (kp, ) |
| Filing 1 RECEIVED Complaint and two copies by Michael Hughes. (Attachments: #1 (Envelope postmarked 4/5/19) (kp, ) |
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