Nevarez v. Dart et al
| Valente Nevarez |
| Anna Jiminez, Cermak Health Services of Cook County, C.C.D.O.C. Officers, Barbera Davis, Cermak Health Services Manager and Tom Dart |
| 1:2019cv04786 |
| July 16, 2019 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 8
ORDER: On July 31, 2019, the Court: (1) denied Plaintiff's applications for leave to proceed in forma pauperis ("IFP") in Case Nos. 19 C 4783 and 19 C 4786 without prejudice and directed him to either pay the full statutory filing fee of $400 in each case or submit renewed applications addressing the Court's concerns; and (2) ordered Plaintiff to show good cause in writing (in other words, provide a written explanation) why both cases should not be dismissed with prejudice since he disclaimed any prior federal or state cases even though he had previously filed at least four federal lawsuitsNevarez v. Western Illinois Correctional Center, Case No. 19 C 4514 (N.D. Ill.) (Lee, J.), Nevarez v. Prison Litigation Review Board, Case No. 19 C 4496 (N.D. Ill.) (Lee, J.), Nevarez v. Sweeney, Case No. 16 C 3319 (N.D. Ill.) (Aspen, J.), and Nevarez v. Anderson, Case No. 08 C 5039 (N.D. Ill.) (St. Eve, J.)and was actively litigating Case No. 16 C 3319. In response, Plaintiff submitted amended IFP applications in both cases, along with a letter blaming his errors on his pro se status, but did not attempt to address his inaccurate litigation histories. Given his failure to address this issue, the Court cannot determine what action is appropriate, if any. See Greyer v. Ill. Dept of Corr., F.3d, No. 18-1290, 2019 WL 3798212, at *6 (7th Cir. Aug. 13, 2019). The Court will thus give Plaintiff a final chance to respond to the order to show cause. As he considers his response, Plaintiff is advised that merely resubmitting corrected litigation disclosures will be deemed insufficient and that even unrepresented prisoner plaintiffs are required to provide truthful information in Court forms that require disclosure of basic information, such as other cases that they are currently actively litigating. If Plaintiff does not respond by September 25, 2019, Case Nos. 19 C 4783 and 19 C 4786 will be summarily dismissed for failure to comply with a Court order. Signed by the Honorable John Z. Lee on 8/29/2019. Mailed notice(las, )
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| Filing 7 APPLICATION by Plaintiff Valente Nevarez for leave to proceed in forma pauperis (Exhibits). (Envelope not postmarked) (kp, ) |
| Filing 6 LETTER from Valente Nevarez. (Case number not on document) (Envelope not postmarked) (kp, ) |
| MAILED two blank applications to proceed IFP along with a copy of this order #5 to Plaintiff. (kp, ) |
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Filing 5
ORDER: Plaintiff's applications for leave to proceed in forma pauperis ("IFP") ( #3 in both Case Nos. 19 C 4783 and 19 C 4786) are denied without prejudice. If Plaintiff wants to pursue these cases, he must either (1) pay the full statutory filing fee of $400.00 in each case or (2) submit renewed applications for leave to proceed IFP that attach certified trust fund statements showing activity in his accounts for the past six months. In addition, Plaintiff is ordered to show good cause in writing why these cases should not be dismissed with prejudice based on his failure to disclose a complete and accurate litigation history. Plaintiff's requests for attorney representation ( #4 in both Case Nos. 19 C 4783 and 19 C 4786) are denied without prejudice as it is too early to determine if counsel is appropriate. If Plaintiff fails to comply with this order by August 28, 2019, the Court will summarily dismiss these cases. The Clerk is directed to send Plaintiff two blank applications to proceed IFP along with a copy of this order. Signed by the Honorable John Z. Lee on 7/31/2019. Mailed notice. (kp, )
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| Filing 4 MOTION by Plaintiff Valente Nevarez for attorney representation (Exhibits). (kp, ) |
| Filing 3 APPLICATION by Plaintiff Valente Nevarez for leave to proceed in forma pauperis (Exhibits). (kp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (kp, ) |
| Filing 1 RECEIVED Complaint and no copies by Valente Nevarez (Exhibits). (Envelope not postmarked) (kp, ) |
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