Diaz v. Truit et al
| Eric Diaz |
| Warden C. Truit, Officer John Doe #1, Adewale Kufuriji, Rob Jeffreys, Wexford Health Services, Inc. and Nurse Racine |
| 1:2023cv02845 |
| May 4, 2023 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 COMPLAINT filed by Eric Diaz; Jury Demand. (Exhibits) (jg, ) |
| Filing 8 LETTER from Eric Diaz dated 6/5/2023. (Attachment) (jg, ) |
Filing 7
ORDER: The Court denies Plaintiff's application for leave to proceed in forma pauperis (Dckt. No. #3 ) because the trust fund statement attached to the application shows that Diaz had enough money in his account to prepay the $402.00 filing fee in full on the date the application was certified. See Pl.'s IFP Application, at 2, 5 (Dckt. No. #3 ). On October 31, 2022, Diaz had $4,360.73 in his account. He then made a gift of $1,400 on December 1, 2022. In the meantime, other funds came and went. As recently as January 2023, Diaz had over $3,000 in his account. He then made a second sizeable gift totaling $2,298 on March 1, 2023. The account history shows that Diaz has had access to significant funds. Diaz could have paid the filing fee along with his complaint, but he chose not to. Diaz is free to make gifts, but he cannot expect to proceed in forma pauperis after giving away thousands of dollars. Diaz 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 remit the fee by June 12, 2023, will result in summary dismissal of this case. Similarly, Diaz has not established financial eligibility for court-recruited counsel. See Brown v. United States, 737 F. App'x 777, 781 (7th Cir. 2018) ("The discretion to recruit counsel is reserved for indigent defendants") (citing Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013)). Again, Plaintiff had a balance of more than $4,600.00 during the time he knew about the events giving rise to this lawsuit. Id. at 3. He gifted $3,898.00 to private individuals and spent the remainder on postage or at the commissary. Id. at 35. His motion for attorney representation (Dckt. No. #4 ) is therefore denied. The Court defers initial review of Plaintiff's complaint (Dckt. No. #1 ) under 28 U.S.C. 1915A and his motion for the U.S. Marshal to serve the Defendants (Dckt. No. #5 ) until after Plaintiff has paid the filing fee. Signed by the Honorable Steven C. Seeger on 5/8/2023. Mailed notice. (jg, )
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| MAILED copy of the Clerk's Notice along with the Joint Consent Form to Plaintiff Eric Diaz. (jj, ) |
| Filing 6 PRO SE Appearance by Plaintiff Eric Diaz. (jj, ) |
| Filing 5 MOTION For U.S. Marshal To Serve Notice on Defendants by Plaintiff Eric Diaz. (Exhibits). (jj, ) |
| Filing 4 MOTION by Plaintiff Eric Diaz for attorney representation. (jj, ) |
| Filing 3 APPLICATION by Plaintiff Eric Diaz for leave to proceed in forma pauperis. (Exhibits). (jj, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jj, ) |
| Filing 1 RECEIVED Complaint and no copies by Eric Diaz. (Exhibits). (jj, ) |
| 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. (jj, ) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jj, ) |
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