Taylor v. Barajas et al

Plaintiff: Hezekiah Taylor
Defendant: Barajas
Case Number: 1:2019cv02556
Filed: April 16, 2019
Court: US District Court for the Northern District of Illinois
Presiding Judge: Virginia M Kendall
Nature of Suit: Civil Rights (Prison Condition)
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on June 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 26, 2019 MAILED a copy of order #11 dated 6/25/2019 and additional copies of the June 10, 2019 dismissal order #8 and judgment #9 to Plaintiff at his address of record. (ph, )
June 26, 2019 MAILED a copy of order #11 dated 6/25/2019 to the trust fund officer at the Pinckneyville Correctional Center. (ph, )
June 26, 2019 EMAILED a copy of order #11 dated 6/25/2019, along with a copy of Plaintiff's letter #10 , to the trust fund officer at the Cook County Department of Corrections. (ph, )
June 25, 2019 Opinion or Order Filing 11 ORDER: Plaintiff's letter #10 does not present a reason to reopen this case. As noted in the Court's June 10, 2019 order, having brought this action, Plaintiff remains obligated to pay the fee. See 28 U.S.C. 1915(b)(1). Thus, the Clerk shall collect the statutory $400 filing fee from Plaintiff's trust fund account using the mechanism in 28 U.S.C. 1915(b). The Court authorizes and orders the trust fund officer at Plaintiff's place of incarceration to begin collecting monthly payments from Plaintiff's trust fund account in an amount equal to 20% of the preceding month's income credited to the account. Monthly payments collected from Plaintiff's trust fund account shall be forwarded to the Clerk each time the amount in the account exceeds $10 until the full $400 filing fee has been paid. All payments shall be sent to the Clerk, United States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor, and shall clearly identify Plaintiff's name and the case number assigned to this action. The Court directs the Clerk to: (1) update Plaintiff's address to the Pinckneyville Correctional Center based on his letter advising the Clerk of his transfer #10 ; (2) send a copy of this order to the trust fund officer at the Pinckneyville Correctional Center, who is directed to ensure that it is mailed to each facility where Plaintiff is housed until the filing fee has been paid in full; (3) send a copy of this order, along with a copy of Plaintiff's letter #10 , to the trust fund officer at the Cook County Department of Corrections; and (4) send a copy of this order and additional copies of the June 10, 2019 dismissal order #8 and judgment #9 to Plaintiff at his address of record. This case remains closed. Signed by the Honorable Virginia M. Kendall on 6/25/2019. Mailed notice (ph, )
June 10, 2019 Filing 10 LETTER from Hezekiah Taylor (Exhibits). (Envelope postmarked 6/3/19) (aee, )
June 10, 2019 Filing 9 ENTERED JUDGMENT. Civil case terminated. Mailed notice(lk, )
June 10, 2019 Opinion or Order Filing 8 ORDER signed by the Honorable Virginia M. Kendall on 6/10/2019. By order dated May 7, 2019 #5 , the Court entered and continued Plaintiff's application for leave to proceed in forma pauperis, directed him to pay the full $400 filing fee or submit a sworn supplement, ordered him to show cause why this case should not be dismissed based on a false allegation of poverty, and advised him that if he did not comply by May 28, 2019, the Court would summarily dismiss this case. The Clerk mailed the order to Plaintiff's address of record at the time (the Cook County Jail) but later that day, received a change-of-address notice from Plaintiff stating that he had been transferred to the Stateville Correctional Center's Northern Reception and Classification Center. Thus, by order dated May 13, 2019 #7 , the Court directed the Clerk to mail another copy of the May 7, 2019 order to Plaintiff at Stateville and reminded Plaintiff that this action would be subject to dismissal if he failed to promptly notify the Clerk of any changes to his address. As of today's date, Plaintiff has not responded to the May 7, 2019 order or otherwise communicated with the Court concerning this matter. Accordingly, this action is dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b). See Fed. Election Comm'n v. Al Salvi for Senate Comm., 205 F.3d 1015, 1018 (7th Cir. 2000) (court has authority both inherently and under Rule 41(b) to dismiss case as sanction for failure to prosecute and noncompliance with court order). Having brought this action, Plaintiff remains obligated to pay the filing fee. See 28 U.S.C. 1915(b)(1). The Court directs the Clerk to enter a final judgment of dismissal. This case is closed and all pending motions are denied as moot. Mailed notice(lk, )
May 13, 2019 MAILED Copy of Orders dated 5/13/19, and 5/7/19 Dkt no. #5 , to Hezekiah Taylor Stateville Correctional Center. (gcy, )
May 13, 2019 Opinion or Order Filing 7 ORDER: By order dated May 7, 2019 #5 . the Court: (1) entered and continued Plaintiff's informa pauperis application; (2) ordered him to pay the full $400 filing fee or submit a written statement under oath addressing certain financial concerns; (3) directed him to show cause why this case should not be dismissed based on a false allegation of poverty; and (4) advised him that if he did not comply by May 28, 2019, or provided an adequate response, this action would be summarily dismissed. The Clerk mailed the order to Plaintiff's address of record (the Cook County Jail) but later that day, received a change-of-address notice from Plaintiff stating that he had been transferred to the Stateville Correctional Center's Northern Reception and Classification Center. The Clerk is directed to mail another copy of the May 7, 2019 order #5 to Plaintiff at his new address of record (that is, the Stateville Correctional Center). With respect to the Court's direction to provide certified trust fund account ledgers for the twelve months prior to the initiation of this action to the present (in other words, from approximately April 2, 2018, to the date of compliance). Plaintiff is advised that he can obtain Cook County Jail trust fund ledgers by writing the trust fund officer. Finallly, Plaintiff is reminded that he must promptly notify the Clerk if his address changes again. If he fails to do so, this lawsuit will be subject to dismissal. Signed by the Honorable Virginia M. Kendall on 5/13/2019. Mailed notice(gcy, )
May 7, 2019 Filing 6 NOTICE by Hezekiah Taylor of Change of Address (Envelope postmarked 5/2/2019). (ew, )
May 7, 2019 Opinion or Order Filing 5 ORDER: Plaintiff's in forma pauperis application #3 is entered and continued. If he wants to proceed with this case, Plaintiff must pay the full $400 filing fee by sending a check or money order made payable to the Clerk, United States District Court. Alternatively, he may submit a written statement under oath: (1) explaining the false statements in his in forma pauperis application; (2) detailing, under oath and with supporting records if appropriate, the source of his income, what he bought, and why those funds should not be counted against his ability to pay the filing fee; and (3) attaching certified trust fund account ledgers for the twelve months prior to the initiation of this action to the present (in other words, from approximately April 2, 2018, to the date of compliance). In addition, even if he resolves his fee status, he must show cause (in other words, provide a written explanation under oath) why this case should not be dismissed based on a false allegation of poverty. If he does not comply by May 28, 2019, or provides an inadequate response, the Court will summarily dismiss this action. Plaintiff's motion for attorney representation #4 is denied without prejudice to renewal if this case is allowed to proceed. Signed by the Honorable Virginia M. Kendall on 5/7/2019. Mailed notice(smm, )
April 16, 2019 Filing 4 MOTION by Plaintiff Hezekiah Taylor for attorney representation; (Attachment). (smm, )
April 16, 2019 Filing 3 APPLICATION and Financial Affidavit by Plaintiff Hezekiah Taylor for leave to proceed in forma pauperis; (Attachment). (smm, )
April 16, 2019 Filing 2 PRISONER CIVIL Cover Sheet. (smm, )
April 16, 2019 Filing 1 RECEIVED Complaint and No copies by Hezekiah Taylor; (Attachments). (Envelope not postmarked). (smm, )

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