Magee v. Perkins
| Darius Magee |
| Jamise Perkins |
| 1:2019cv04083 |
| June 18, 2019 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 13, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 ENTERED JUDGMENT. Civil case terminated. Mailed notice(lk, ) |
Filing 9
ORDER signed by the Honorable Virginia M. Kendall on 8/13/2019. The Court's July 11, 2019 order directed Plaintiff to satisfy the Court's filing fee requirement by August 1, 2019. Plaintiff was advised that failure to comply-by either prepaying the $400 filing fee or submitting a completed and honest IFP application-would result in summary dismissal. Plaintiff was also advised that he had not alleged actual innocence for his claim of legal malpractice against his criminal defense attorney, which is required under Illinois law. See Fink v. Banks, 996 N.E.2d 169, 174 (Ill. App. 1st Dist. 2013); see also Woidtke v. St. Clair Cty., Illinois, 335 F.3d 558, 562 (7th Cir. 2003). Although the Court received several exhibits shortly after the July 11, 2019 order (they may have been sent before he received the order), the filing fee issue has not been resolved. Accordingly, the Court dismisses this case without prejudice for failing to satisfy the filing fee requirement. See N.D. Ill. Local Rule 3.3(f). If Plaintiff seeks to challenge this order, he may file a notice of appeal in this Court within 30 days, which will incur another $505 filing fee obligation, or a motion to reconsider under Fed. R. Civ. P. 59(e) or 60(b). Mailed notice(lk, )
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| Filing 8 EXHIBITS by Plaintiff Darius Magee. (Envelope postmarked 7/19/2019) (pk, ) |
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Filing 7
ORDER: Plaintiff's application to proceed in forma pauperis (IFP) #3 is denied without prejudice. If Plaintiff wants to continue with this case, he must submit a renewed IFP application that accurately answers the questions therein. Alternatively, Plaintiff may pre-pay the full statutory filing fee of $400. His failure to comply by August 1, 2019 will result in summary dismissal of this case. The Clerk is directed to send a blank IFP application to Plaintiff. His motions for this Court to recruit an attorney for him [ #4 , #5 ] are denied. The Court will conduct its initial review of Plaintiff's complaint after the filing fee issue has been resolved. Signed by the Honorable Virginia M. Kendall on 7/11/2019. Mailed notice(pk, )
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| MAILED to Plaintiff a blank IFP application along with a copy of order dated 7/11/2019. (pk, ) |
| Filing 5 MOTION by Plaintiff Darius Magee for attorney representation (pk, ) |
| Filing 4 MOTION by Plaintiff Darius Magee for attorney representation (pk, ) |
| Filing 3 APPLICATION by Plaintiff Darius Magee for leave to proceed in forma pauperis. (Exhibit) (pk, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (pk, ) |
| Filing 1 RECEIVED Complaint and no copies by Darius Magee, Notice. (Exhibits) (pk, ) (Additional attachment(s) added on 6/19/2019: #1 Envelope postmarked 6/7/2019) (pk, ). |
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| Plaintiff: Darius Magee | |
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| Defendant: Jamise Perkins | |
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