Wright v. Glasgow et al
Plaintiff: Anthony B. Wright
Defendant: James Glasgow
Case Number: 1:2023cv00898
Filed: February 13, 2023
Court: US District Court for the Northern District of Illinois
Presiding Judge: Steven C Seeger
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2023 Opinion or Order Filing 5 ORDER. Signed by the Honorable Steven C. Seeger on 4/10/2023. Mailed notice. (axk, )
April 10, 2023 MAILED copy of order #5 and blank prisoner IFP application to Plaintiff (axk, )
March 7, 2023 Filing 4 APPLICATION by Plaintiff Anthony B. Wright for leave to proceed in forma pauperis. (Exhibits) (Envelope postmark 3/3/2023) (ph, )
February 28, 2023 MAILED Plaintiff a blank in forma pauperis application form with instructions and a copy of Order #3 dated 2/27/2023. (ph, )
February 27, 2023 Opinion or Order Filing 3 ORDER: Plaintiff Anthony B. Wright is an inmate at the Will County Adult Detention Facility. He brings this pro se lawsuit against Defendant James Glasgow (the State's Attorney) under 42 U.S.C. 1983 alleging malicious prosecution. See Cplt., at 5 (Dckt. No. #1 ). His allegations are not entirely clear. Wright appears to claim that when he pleaded guilty to a misdemeanor domestic battery charge, he had to serve time in state prison rather than county jail. Id. at 4. Although the Clerk accepted Wright's petition for docketing under Rule 5(d)(4) of the Federal Rules of Civil Procedure, Wright has neither paid the $402.00 filing fee nor filed an application to proceed in forma pauperis demonstrating his inability to pay. The case can't go forward without one or the other. The Prison Litigation Reform Act requires all inmates to pay the filing fee. See 28 U.S.C. 1915(b)(1). If an inmate cannot pay the full $402.00 filing fee upfront, he may seek leave to proceed in forma pauperis. If the Court determines that a prisoner may proceed in forma pauperis, the Court calculates the initial partial filing fee using a trust fund certification and the inmate's trust fund ledgers from the past six months, both of which an inmate must submit with his application. See 28 U.S.C. 1915(a)(2). To proceed with this lawsuit, Wright must do one of two things. He must pay the $402.00 filing fee with a check or money order made payable to: Clerk of Court, United States District Court, 219 South Dearborn Street, Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor, which clearly identifies Plaintiff's name and the case number assigned to the case. Alternatively, he must file a completed in forma pauperis application that includes his prison trust account statement showing activity in that account for the six-month period before he filed his section 1983 lawsuit. Wright has until April 7, 2023, to either pay the $402.00 filing fee or file a completed in forma pauperis application demonstrating his inability to pay. Wright is warned that the Court may dismiss this action if he fails to comply with this Order. Wright is instructed to file all future papers concerning this action with the Clerk of Court in care of the Prisoner Correspondent. Any paper that is sent directly to the Judge or otherwise fails to comply with these instructions may be disregarded by the Court or returned. The Clerk is instructed to: (1) update Plaintiff's address on the docket to reflect that he is being held at the Will County Adult Detention Facility under the inmate number in the caption of this Order, and (2) send Plaintiff a blank in forma pauperis application form with instructions and a copy of this Order. Before Plaintiff goes forward, the Court offers one word of forewarning. The theory of the complaint is that the State's Attorney violated his constitutional rights because Plaintiff was sent to one facility (Stateville) instead of another (the County Jail) after he pled guilty. This Court is not aware of any legal authority that would support such a theory. And the State's Attorney may have immunity from suit, too. So, if Plaintiff elects to go forward and pay the filing fee, he should do so knowing that there is a substantial risk that the lawsuit will not get very far. That said, this Court will wait and see, and will keep an open mind in the meantime. Signed by the Honorable Steven C. Seeger on February 27, 2023. Mailed notice (ph, )
February 15, 2023 MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff Anthony B. Wright. (ph, )
February 14, 2023 CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable M. David Weisman. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (ph, )
February 14, 2023 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ph, )
February 13, 2023 Filing 2 PRISONER CIVIL Cover Sheet. (ph, )
February 13, 2023 Filing 1 RECEIVED Complaint and no copies by Anthony B. Wright. (Attachments) (Envelope not postmarked) (ph, )

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Plaintiff: Anthony B. Wright
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