Hornback v. Erickson et al
| Brandon Hornback |
| Emily Brandon, Sean Martin, Brian Milnes, Jill Grunder, Curt Ebershol, Christian Olivio, Kelly Wilhiemi, Tim Erickson, Danielle "Doe", Jorge Hernandez, Alma Martija, Pete "Doe", Stephine Van Dellen, Laurie Hassler, Josh Vos, Tracy Banks-Geiger, Kim Cavazos, Amber Erickson, Michelle Vinson, John Booker, Steve "Doe" and John Willhite |
| 3:2019cv50086 |
| April 12, 2019 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Philip G Reinhard |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 12
ORDER: Plaintiffs motion to reconsider #10 is denied. As explained in the courts previous order, plaintiff must pay the full statutory filing fee of $400.00 and his choice to spend the income he received prior to filing suit does not excuse his ability to pay the filing fee. If he fails to comply, the court will summarily dismiss this case. Plaintiffs letter #11 seeking information about an appeal is granted. If plaintiff wishes to appeal, he must file a notice of appeal with this court within thirty days of the entry of judgment. See FED. R. APP. P. 4(a)(1). If plaintiff appeals, he will be liable for the $505.00 appellate filing fee regardless of the appeals outcome. See Evans v. Ill. Dept of Corr., 150 F.3d 810, 812 (7th Cir. 1998). If the appeal is found to be non-meritorious, plaintiff could be assessed a strike under 28 U.S.C. 1915(g). If a prisoner accumulates three strikes because three federal cases or appeals have been dismissed as frivolous or malicious, or for failure to state a claim, the prisoner may not file suit in federal court without pre-paying the filing fee unless he is in imminent danger of serious physical injury. Ibid. If plaintiff seeks leave to proceed in forma pauperis on appeal, he must file a motion for leave to proceed in forma pauperis in this court stating the issues he intends to present on appeal. See FED. R. APP. P. 24(a)(1). Signed by the Honorable Philip G. Reinhard on 7/2/2019:mailed notice(pg, )
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| Filing 11 LETTER from Brandon Hornback dated 6/27/19. (pg, ) |
| Filing 10 MOTION by Plaintiff Brandon Hornback for reconsideration regarding order on motion to continue, #9 (pg, ) |
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Filing 9
ORDER: Plaintiffs motion to continue case #8 is granted to the extent that the deadline to pay the filing fee is extended to July 12, 2019. Plaintiffs included request to be allowed to proceed without paying the filing fee because he has spent his substantial income is denied. As explained in the courts previous order, plaintiff must pay the full statutory filing fee of $400.00 and his choice to spend the income he received prior to filing suit does not excuse his ability to pay the filing fee. If he fails to comply, the court will summarily dismiss this case. Signed by the Honorable Philip G. Reinhard on 6/25/2019: mailed notice(pg, )
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| Filing 8 MOTION by Plaintiff Brandon Hornback to Continue Case (Attachments: #1 Envelope) (jp, ) |
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Filing 7
ORDER: Plaintiffs application for leave to proceed in forma pauperis #3 is denied for lack of a sufficient showing of indigence. By June 14, 2019, 2019, plaintiff must pay the full statutory filing fee of $400.00. If he fails to comply, the court will summarily dismiss this case. Consideration of plaintiffs complaint #1 and any other pending motions #4 is deferred until plaintiff satisfies his fee obligation. Signed by the Honorable Philip G. Reinhard on 5/16/2019:mailed notice(pg, )
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| Filing 6 MAIL RETURNED, for Clerk's Office letter of filing sent to Brandon Hornback returned as undeliverable, return to sender. No new contact information received. (jp, ) Modified on 5/15/2019 (jp, ). |
| MAILED Entire Case to United States District Court for the Western Division (Rockford) via U.S. Mail. (smm, ) |
| Filing 5 DECLARATION of Brandon Hornback. (smm, ) |
| Filing 4 MOTION by Plaintiff Brandon Hornback for attorney representation; Affidavit. (smm, ) |
| Filing 3 APPLICATION and Financial Affidavit by Plaintiff Brandon Hornback for leave to proceed in forma pauperis; (Attachment). (smm, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (smm, ) |
| Filing 1 RECEIVED Complaint and No copies by Brandon Hornback; (Exhibits) (Attachments: # 1). (Envelope postmark 4/9/19). (smm, ) |
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