Smith v. Hanes et al
| Dionte M. Smith |
| Hanes, Mount and Travis Scott |
| 3:2017cv00404 |
| April 19, 2017 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Cook |
| J. Phil Gilbert |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
33
MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 32), GRANTS Hanes's motion for summary judgment (Doc. 25), DISMISSES Count 1 against defendant Hanes without prejudice for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a), and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 5/29/2018. (jdh)
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Filing
10
ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. COUNTS 2 and 3 are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Defendants MOUNT and SCOTT are DISMISSED from this action without prejudice. As to COUNT 1, the Clerk of Court shall prepare for Defendant HANES: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). Signed by Judge J. Phil Gilbert on 6/20/2017. (tkm)
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Filing
5
ORDER: Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis ("IFP") in this case (see Doc. 2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 10/ 1/2016 to 4/19/2017 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 10 51 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Cook County Department of Corrections. (Trust Fund Statement due on or before 6/16/2017). Signed by Judge J. Phil Gilbert on 5/2/2017. (jaj)
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