Payne v. Employs at CCDOC et al
| Kraig Payne |
| Employs at CCDOC, Mims, Briggs, Hispanic nurse, John Doe, X-Ray nurse, Phillips, Fernandez, Diaz and Armstead |
| 1:2024cv00834 |
| January 26, 2024 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 4 APPLICATION by Plaintiff Kraig Payne for leave to proceed in forma pauperis. (Envelope postmarked 3/1/2024). (jn, ) |
Filing 3
ORDER: Plaintiff Kraig Payne, presently in state custody at Western Correctional Center, submitted a complaint under 42 U.S.C. 1983 concerning failure to protect at the Cook 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 $405.00 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 July 3, 2023, to January 3, 2024. If he 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 $405.00 by check or money order payable to Clerk, United States District Court. Plaintiff 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), for each case he filed, 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. The Clerk of Court is directed to send plaintiff a blank application to proceed in forma pauperis along with a copy of this order. Plaintiff is also directed to explain how the complaint in this case is not duplicative of the complaint submitted in Payne v. Fernandez, et al., Case No. 24 C 0785 (N.D. Ill.) (Pacold, J.). Both complaints involve failure to protect claims from September of 2023, and have many common defendants. If the complaint in this case is duplicative of the complaint in Case No. 24 C 0785, the court will dismiss this suit and review the complaint in 24-cv-0785. Plaintiff should avoid submitting duplicative complaints which may be dismissed as frivolous or malicious. See Smith v. Gleason, No. 12-cv-633-WMC, 2013 WL 6238488, at *7 (W.D. Wis. Nov. 27, 2013) ("Repetitive allegations are considered malicious and are grounds for dismissal under the [Prison Litigation Reform Act].") (citing Lindell v. McCallum, 352 F.3d 1107, 1109-10 (7th Cir. 2003)); see also Scott v. Orr, No. 16-CV-4274, 2017 WL 1227912, at *3 (C.D. Ill. Apr. 3, 2017) (collecting cases). Failure to fully comply with this order by March 1, 2024, will result in dismissal of this case Signed by the Honorable Martha M. Pacold on 2/5/2024: Mailed notice (daj, )
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| MAILED copy of order #3 , blank IFP application to Kraig Payne. (daj, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff. (emc, ) |
| 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. (emc, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable David Weisman. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Direct assignment. (emc, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (emc, ) |
| Filing 1 RECEIVED Complaint and no copies by Kraig Payne (Envelope postmarked 1/19/2024). (emc, ) |
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