Kerby v. Dart et al
| Brandon Kerby |
| Tom Dart, Deputy Riley, Deputy Richard, Deputy Rucks, L.T. Williams and Director |
| 1:2021cv05090 |
| September 27, 2021 |
| US District Court for the Northern District of Illinois |
| Charles R Norgle |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 ENTERED JUDGMENT. Mailed notice. (bg, ) |
Filing 8
ORDER: By order dated September 29, 2021, the Court denied Plaintiff's application for leave to proceed informa pauperis and ordered Plaintiff to pay the Court's $402 filing fee #7 . The Court also ordered Plaintiff to show good cause in writing why this case should not be dismissed based on a false allegation of poverty. The Court warned Plaintiff that failure to comply with the Court's order by October 21, 2021, would result in dismissal of this case. To date, Plaintiff has neither paid the filing fee nor responded to the show cause order and thus has failed to dispel any inference that his misrepresentations on his IFP application were intentional. Accordingly, this case is dismissed with prejudice. See, Aguilar v. Goldberg, 770 Fed. App'x 293, 294 (7th Cir. 2019) (affirming dismissal with prejudice when inmate falsely disclaimed income in his IFP application); Donelson v. Tanner, 768 Fed. App'x 573, 574 (7th Cir. 2019) (dismissal with prejudice was appropriate based on district court's finding that when the prisoner-plaintiff "signed his application and swore that the financial information he provided was correct to the best of his knowledge, he knew that he was lying"). The Court directs the Clerk of Court to terminate all pending motions as moot and enter final judgment. Case closed. Signed by the Honorable Charles R. Norgle, Sr on 11/12/2021. Mailed notice. (bg, )
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Filing 7
ORDER: Plaintiff's application for leave to proceed informa pauperis #5 is denied. If Plaintiff wants to proceed with this lawsuit, he must both: (1) pay the $402 filing fee; and (2) show good cause in writing why this case should not be dismissed based on apparent false statements in his in forma pauperis application (in other words, he must provide a written explanation for his actions so the Court may consider whether to allow him to proceed). If Plaintiff does not comply by 10-21, 2021, this case will be summarily dismissed. Signed by the Honorable Charles R. Norgle, Sr on 9/29/2021. Mailed notice. (bg, )
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| Filing 6 MOTION by Plaintiff Brandon Kerby for attorney representation. (cp, ) |
| Filing 5 APPLICATION by Plaintiff Brandon Kerby for leave to proceed in forma pauperis. (Exhibits) (cp, ) |
| Filing 4 PRISONER CIVIL Cover Sheet (cp, ) |
| Filing 3 NOTICE of Correction regarding complaint #1 (cp, ) |
| Filing 2 RECEIVED Complaint filed by Brandon Kerby, no copies; Jury Demand. (Attachments: #1 Envelope postmarked 10/8/19)(cp, ) |
| Filing 1 Entered in Error. |
| CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Direct assignment. (cp, ) |
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