Davis v. Will County et al
| James Lemont Davis, Jr. |
| Will County, City of Joliet, The and State of Illinois, The |
| 1:2023cv16558 |
| December 5, 2023 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 10 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff filed this case on December 5, 2023 without paying the filing fee, and he applied to proceed in forma pauperis ("IFP") #5 . The Court denied his motion because his application appeared to contain false statements about his financial condition #6 . The Court instructed him to reapply for IFP status or to pay the filing fee in full and to explain why he included false information on his initial application. Plaintiff has submitted a new application to proceed IFP #8 , which is granted. (The Court observes that Plaintiff indicates that he is requesting the Court recruit an attorney to represent him as well, but he has not submitted a motion for attorney representation.) Plaintiff's application still lists $0 in income, including gifts, but he attaches a letter that explains that the funds that have been deposited by the jail are the funds he has on him when he is booked into the jail and that he receives unpredictable deposits from family that may stop at any time. The Court is satisfied that he did not intentionally deceive the Court, but it clarifies that he must include his best estimates of the funds he has received in the past year, even if those funds are irregular. Given Plaintiff's limited assets, the Court finds that he is unable to afford the filing fee and grants him leave to proceed IFP. The jail indicates that his average monthly balance is $155.50 and that as of January 9, 2024, he had a balance of $60.77 in his account. The Prison Litigation Reform Act requires the Court to "collect an initial partial filing fee equal to 20% of the greater of [Plaintiff's] average monthly deposits or balances in the past six months, and then collect the remainder of the fees in installments based on 20% of [his] monthly income until the full debt is paid." Whitaker v. Dempsey, 83 F.4th 1059, 1060 (7th Cir. 2023) (Wood, J., in chambers). Plaintiff is assessed an initial partial filing fee of $31.10 and to continue making monthly deductions in accordance with this order. The Court directs the Clerk of the Court to send a copy of this Order (electronically, if possible) to the trust fund officer at the Will County Jail, and to the Court's Fiscal Department. The Court intends to screen Plaintiff's Complaint by or before March 1, 2024, pursuant to 28 U.S.C. 1915A, and sets the matter of a tracking status on March 6, 2024 at 8:30 am (to track the case only, no appearance is required). Mailed notice. (jlj, ) |
| Filing 9 LETTER from James Lemont Davis, Jr dated 1/8/2024. (Exhibits) (Document does not contain case number.) (Envelope postmark 1/16/2024) (ph, ) |
| Filing 8 APPLICATION by Plaintiff James Lemont Davis, Jr for leave to proceed in forma pauperis. (Exhibits). (Envelope not postmarked). (jn, ) |
| MAILED Plaintiff a blank application to proceed in forma pauperis, along with a copies of order #6 and #7 dated 1/3/2024. (ph, ) |
Filing 7
ORDER written by the Honorable Lindsay C. Jenkins on 1/3/2024. Mailed notice. (jlj, )
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| Filing 6 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's application to proceed in forma pauperis #5 is denied without prejudice because it contains material misrepresentations and inaccuracies regarding Plaintiff's financial status. By January 16, 2024, Plaintiff must either: (1) submit an accurately completed application for leave to proceed in forma pauperis that includes the documentation (and he must submit account statements showing all transactions in his trust-fund account) and certification described in this order; or (2) pay the full statutory filing fee of $405.00. If he does not comply, the Court will summarily dismiss this case. By the same date, Plaintiff must also show cause (that is, explain why) in writing as to why he should not be denied IFP status for submitting a document to the Court that appears to contain material misrepresentations. The Clerk is directed to send Plaintiff a blank application to proceed in forma pauperis, along with a copy of this order. Mailed notice. (jlj, ) |
| Filing 5 APPLICATION by Plaintiff James Lemont Davis, Jr for leave to proceed in forma pauperis. (Exhibits) (Envelope postmark 12/16/2023) (ph, ) |
| MAILED a blank application to proceed in forma pauperis, Order #3 dated 12/08/2023, and Signature Order #4 dated 12/08/2023 to Plaintiff James Lemont Davis, Jr.. (rc, ) |
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Filing 4
ORDER written by the Honorable Lindsay C. Jenkins on 12/8/2023. Mailed notice. (jlj, )
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| Filing 3 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has submitted a complaint [Dkt. 1] but did not prepay the filing fee or file an application for leave to proceed in forma pauperis. By December 29, 2023, Plaintiff must either: (1) submit a completed application for leave to proceed in forma pauperis that includes the documentation (he must submit account statements showing all transactions in his trust-fund account) and certification described below; or (2) pay the full statutory filing fee of $405.00. If he does not comply, the Court will summarily dismiss this case. The Clerk is directed to send Plaintiff a blank application to proceed in forma pauperis, along with a copy of this order. Mailed notice. (jlj, ) |
| 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, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff James Lemont Davis, Jr. (ph, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (ph, ) |
| Filing 1 RECEIVED Complaint and no copies by James Lemont Davis, Jr. (Envelope not postmarked) (ph, ) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable M. David Weisman. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (Civil Category 3). (ph, ) |
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