Sargent v. Cook County Department of Corrections Cermak et al
| Shermaine Cedric Sargent |
| Cook County Department of Corrections Cermak and Fidel Cavillo |
| 1:2024cv07386 |
| August 16, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Thomas M Durkin |
| 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 September 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 APPLICATION by Plaintiff Shermaine Cedric Sargent for leave to proceed in forma pauperis (tg, ) |
| Filing 6 LETTER from Shermaine Cedric Sargent. (tg, ) |
Filing 5
ORDER: Plaintiff Shermaine Cedric Sargent, an inmate at Cook County Jail, brings this pro se civil rights lawsuit, 42 U.S.C. 1983, concerning an incident in which he alleges his cellmate attacked him. Plaintiff seeks leave to proceed in forma pauperis, but his application is not properly completed. It is not certified by a trust fund officer, nor has Plaintiff attached a copy of his trust fund statements for the six months preceding the filing of this lawsuit, or as much of that period as he has been confined. Relatedly, online jail records show that Plaintiff has been in custody since April 18, 2024, but his application reflects that he has received no funds from any source in the past year. It is not plausible that Plaintiff was subsisting outside of jail without any means of support. The application #3 is therefore denied without prejudice. If he wants to proceed with this case, Plaintiff must do one of two things: (1) pre-pay the $405.00 filing fee or (2) apply to proceed in forma pauperis using the enclosed form. Payment may be sent to the Clerk of Court, United States District Court, 219 South Dearborn Street, Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor, and must clearly identify Plaintiff's name and the case number assigned to this case. Failure to comply with this order by September 20, 2024 will result in summary dismissal of this case. Any renewed application must properly and completely disclose Plaintiff's income and assets to the best of his knowledge. Plaintiff should be aware that if he is allowed to pay in installments, he will be required to pay the full amount of the filing fee regardless of the outcome of this case. 28 U.S.C. 1915(b)(1). Waiver of the fee is not an option. Butler v. Deal, 794 F. App'x. 542, 544 (7th Cir. 2020) (unpublished). Plaintiff's motion for attorney representation #4 is denied without prejudice, as Plaintiff has contacted only one law firm seeking representation. Plaintiff must demonstrate good faith but unsuccessful efforts to obtain counsel on his own before the Court will consider recruiting counsel for him. Pickett v. Chicago Transit Auth., 930 F.3d 869, 871 (7th Cir. 2019). He should continue to contact attorneys seeking representation and save any responses he receives for submission with future motions for counsel. The Clerk is directed to send Plaintiff a copy of this order and a blank in forma pauperis application (prisoner version) Signed by the Honorable Thomas M. Durkin on 8/21/2024. Mailed notice. (lw, )
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| MAILED to Plaintiff Shermaine Cedric Sargent a copy of order #5 dated 8/21/2024 along with a blank in forma pauperis application (prisoner version) form. (lw, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent form to Shermaine Cedric Sargent. (jn,) |
| 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. (jn, ) |
| Filing 4 MOTION by Plaintiff Shermaine Cedric Sargent for attorney representation. (Received by mail in the Clerk's Office on 8/16/2024). (jn,) |
| Filing 3 APPLICATION by Plaintiff Shermaine Cedric Sargent for leave to proceed in forma pauperis. (Envelope not postmarked). (Received by mail in the Clerk's Office on 8/16/2024). (jn,) Modified on 8/19/2024 (jn, ). |
| Filing 2 PRISONER CIVIL Cover Sheet. (jn,) |
| Filing 1 RECEIVED Complaint and no copies by Shermaine Cedric Sargent. (Exhibits). (Envelope not postmarked). (Received by mail in the Clerk's Office on 8/16/2024). (jn,) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 3). (jn,) |
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