Gonzalez v. Fromm et al
| Jorge Gonzalez |
| Neal Fromm, Dr. Andrew West, Dr. Vipin Shah, Sarah Wnukoski, Vanessa Vela, Jessica Ortegon, Cecily Buonamici and John Doe #1 Nurse |
| 1:2023cv16475 |
| November 30, 2023 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 7
ORDER: Illinois state prisoner Jorge Gonzalez initiated this lawsuit under 42 U.S.C. 1983 concerning his medical care at the Kane County Jail, but he did not pay the Court's filing fee or apply for leave to proceed in forma pauperis. He must do one of two things: (1) prepay the $402.00 filing fee or (2) apply to proceed in forma pauperis using the enclosed form. An application to proceed in forma pauperis must be accompanied by a certified account statement showing all transactions in his custodial account or accounts from May 30, 2023 to November 30, 2023. If Gonzalez was incarcerated at more than one facility during that time, he must obtain an account statement from each facility. Alternatively, he may submit payment of the $402.00 by check or money order payable to Clerk, United States District Court. Failure to comply by February 2, 2024 will result in summary dismissal of this lawsuit. Gonzalez should be aware that he must pay the filing fee even if the case is summarily dismissed. See 28 U.S.C. 1915(b) (1). Thus, he must either pay the full filing fee upfront or pay the filing fee over time in installments consisting of 20% of his monthly income (including money sent by family and friends) until the filing fee is paid in full. If he is allowed to pay in installments, the collections from his account will follow him even if he is transferred to another facility. Waiver of the fee is not an option. See Butler v. Deal, 794 F. App'x 542, 544 (7th Cir. 2020) (explaining that PLRA "forbids outright forgiveness of the obligation to pay the filing fee"). Accordingly, Gonzalez's "application for waiver of court fees" #5 is denied. The Court defers consideration of his complaint #1 and motion for attorney representation #4 until he resolves his fee status. The Clerk of Court is directed to send Gonzalez a blank application to proceed in forma pauperis and a copy of this order. Signed by the Honorable Andrea R. Wood on 12/22/2023. Mailed notice. (jn, )
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| MAILED order dated 12/22/2023 #7 and a blank application to proceed in forma pauperis to Jorge Gonzalez. (jn, ) |
| Filing 6 CERTIFICATE of Service by Jorge Gonzalez (Exhibits, Envelope post marked 12/11/23) (nsf, ) |
| 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. (gcy, ) |
| Filing 5 APPLICATION by Plaintiff Jorge Gonzalez for waiver of Court Fees. (gcy, ) (Additional attachment(s) added on 12/5/2023: #1 proposed order) (gcy, ). |
| Filing 4 MOTION by Plaintiff Jorge Gonzalez for attorney representation. (gcy, ) |
| Filing 3 PRO SE Appearance by Plaintiff Jorge Gonzalez. (gcy, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (gcy, ) |
| Filing 1 RECEIVED Complaint and by Jorge Gonzalez. (gcy, ) Modified on 12/5/2023 (gcy, ). |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (Civil Category 3). (gcy, ) |
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