Vining v. Ciolli, Jr. et al
| Jerome Vining |
| Andrew Ciolli, Jr. and United States Of America |
| 3:2023cv50088 |
| March 15, 2023 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Margaret J Schneider |
| Civil Rights (Prison Condition) |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
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Filing 8
ORDER : Plaintiff's motion #7 for an order of dismissal, seeking to voluntarily dismiss this case, is granted. His complaint has yet to be screened, and so no Defendant has been served, appeared, or answered. This case is dismissed without prejudice. See Fed. R. Civ. P. 41(a)(1)(A) (providing that, generally, "the plaintiff may dismiss an action without court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment...."). Plaintiff, however, is warned that he must still pay the $402 filing fee for initiating this civil rights action. Once an inmate files suit in federal court, he incurs an "irrevocable" obligation to pay the associated statutory filing fee, Newlin v. Helman, 123 F.3d 429, 432 (7th Cir. 1997), that remains in place even if a case is dismissed, Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999). The Court directs the Clerk of Court to terminate all pending motions. Case closed. Signed by the Honorable Iain D. Johnston on 5/9/2023. Mailed notice (jp, )
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| Filing 7 MOTION by Plaintiff Jerome Vining to dismiss case (Attachments: #1 Envelope)(pg, ) |
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Filing 6
ORDER, Plaintiff, who is a frequent and experienced litigator, submitted a renewed in forma pauperis (IFP) application #5 , but it too is denied without prejudice as incomplete. First, his IFP application is not signed by a trust fund officer at his current place of incarceration. Second, the certification at the bottom of the application's second page is blank. Third, he did not submit certified account statements sowing all transactions in all his accounts for the six-month period before he initiated this action from each institution he was incarcerated at during that six-month period. All three errors would seem intentional to a reasonable observer based upon Mr. Vining's litigation history. By May 15, 2023, and to proceed with this lawsuit, Plaintiff must either: (1) pay the $402 statutory filing fee or (2) submit a complete IFP application, which requires Plaintiff to obtain the signature of a trust fund officer at his current place of incarceration who is also required to complete the certification and to submit certified account statements for all his prison accounts showing all transactions in those accounts for the six-month period before he initiated this lawsuit (October 2022 through March 2023). Failure to comply with this order will result in summary dismissal of this action. The Clerk is directed to send Plaintiff a copy of this order and a blank IFP application. Signed by the Honorable Iain D. Johnston on 4/20/2023: Mailed notice (yxp, )
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| MAILED Copy of order #6 and IFP form to Plaintiff (yxp, ) |
| Filing 5 APPLICATION by Plaintiff Jerome Vining for leave to proceed in forma pauperis (Attachments: #1 Envelope) (jp, ) |
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Filing 4
ORDER, Plaintiff's application for leave to proceed in forma pauperis (IFP) #3 is denied without prejudice because it is incomplete. If Plaintiff wishes to proceed with this action, he must: (1) submit a renewed and complete IFP application that includes the documentation and certification as described in this order; or (2) prepay the full $402 filing fee. If Plaintiff does not comply by April 18, 2023, the Court will summarily dismiss this case for failure to pay the filing fee. Plaintiff must promptly update his address if he is released or transferred to another facility. If he fails to do so, this case will be subject to dismissal with no further warning. The Clerk is directed to send Plaintiff a copy of this order and a blank IFP form. See Order for details. Signed by the Honorable Iain D. Johnston on 3/16/2023: Mailed notice (yxp, )
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| MAILED Copy of order #4 and IFP form to Plaintiff. (yxp, ) |
| Filing 3 APPLICATION by Plaintiff Jerome Vining for leave to proceed in forma pauperis (pg, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (pg, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Jerome Vining (Attachments: #1 Envelope)(pg, ) |
| 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. (pg, ) |
| MAILED Clerk's Office Pursuant to Local Rule 73.1(b) to Jerome Vining. (jp, ) |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. (pg, ) |
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