Smith v. Truitt et al
| James Smith |
| Charles Truitt and Stateville Correctional Center |
| 1:2023cv02061 |
| March 31, 2023 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 8 APPLICATION by Plaintiff James Smith for leave to proceed in forma pauperis an affidavit. (Attachments). (Envelope postmark date 5/17/23). (gcy, ) |
| Filing 7 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court denies Plaintiff's application for leave to proceed in forma pauperis #6 because it is incomplete. On April 3, 2023, the Court instructed Plaintiff what he must do to submit a properly completed application, but the application he submitted is not certified by an authorized prison official or accompanied by a copy of his trust fund account statement showing all transactions in his prison account or accounts for the six-month period immediately preceding his initiation of this lawsuit. Plaintiff therefore has neither satisfied the mandates of the Prison Litigation Reform Act, 28 U.S.C. 1915(a)(2), nor demonstrated that he is unable to prepay the fee. He must pay the $402.00 filing fee. He may pay by check or money order payable to Clerk, United States District Court. He should mail payment to Clerk, United States District Court, 219 South Dearborn Street, Chicago, Illinois 60604, attn: Cashier's Desk. Failure to pay the filing fee by June 5, 2023, will result in summary dismissal of this case. The Court defers initial review of Plaintiff's complaint under 28 U.S.C. 1915A until after the filing fee has been paid. Mailed notice. (jlj, ) |
| Filing 6 APPLICATION by Plaintiff James Smith for leave to proceed in forma pauperis. (Envelope postmarked 04/13/2023) (daj, ) |
| Filing 5 RECEIVED Complaint by James Smith. (Envelope postmarked 04/13/2023) (daj, ) |
| MAILED copy of order #4 , blank application for leave to proceed in forma pauperis, a civil rights complaint form, and instructions to James Smith. (daj, ) |
| Filing 4 MINUTE entry before the Honorable Lindsay C. Jenkins: Illinois prisoner James Smith sent a letter to the United States District Court for the Central District of Illinois concerning events that occurred at the Stateville Correctional Center. The Central District construed Plaintiff's letter as a complaint and then transferred the case here. Plaintiff's "complaint" is not on this Court's required form and was not accompanied by payment of the $402.00 filing fee or a request to proceed without prepaying the fee. If Plaintiff wants to proceed further, he must do two things. First, he must submit a complaint using this Court's form. See L.R. 81.1 (N.D. Ill.). Second, he must either prepay the $402.00 filing fee or apply to proceed in forma pauperis. Any application to proceed in forma pauperis must be on this Court's form, certified by an authorized jail official, and accompanied by a copy of Plaintiff's trust fund account statement showing all transactions to his account or accounts for the six-month period immediately preceding his initiation of this lawsuit. Failure to comply by May 2, 2023, will result in summary dismissal of this action. The Court directs the Clerk of Court to send Plaintiff a copy of this order along with a blank application for leave to proceed in forma pauperis, a civil rights complaint form, and instructions. Mailed notice. (jlj, ) |
| Filing 3 MAILED Prisoner Local Rule 83.15 Letter to all parties of record. (aee, ) |
| Filing 2 RECEIVED from Illinois Central; Case Number 2:23-cv-02071 (aee). |
| Filing 1 COMPLAINT against All Defendants, filed by James Smith.(KE) [Transferred from Illinois Central on 3/31/2023.] |
TEXT ORDER entered by Judge Joe Billy McDade on 3/27/2023. Plaintiff filed a Complaint #1 under 42 U.S.C. 1983 alleging violations of his constitutional rights at Stateville Correctional Center. Venue for federal civil rights actions is governed by 28 U.S.C. 1391(b). According to that statute, such actions may be brought only in (1) the judicial district where any defendant resides (if all defendants reside in the same State), (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. It appears that a substantial part of the events or omissions giving rise to the claims in this lawsuit occurred at Stateville Correctional Center located in Will County, Illinois, which is situated in the federal judicial district of the Northern District of Illinois Eastern Division. See 28 U.S.C. 93(a)(1). The Court therefore finds that venue over this proceeding is in the Northern District, and that it is in the interests of justice that this cause be transferred there. See 28 U.S.C. 1404(a). No summons shall issue in this action unless directed by the transferee court. The Clerk is directed to transfer this case to the U.S. District Court for the Northern District of Illinois. (SAG) [Transferred from Illinois Central on 3/31/2023.]
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