Middleton v. Berkley
| Dwayne J. Middleton |
| C/O Berkley and Medical Director of the Illinios Department of Corrections |
| 3:2017cv00547 |
| May 23, 2017 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Randolph |
| David R. Herndon |
| Stephen C. Williams |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
78
ORDER denying 60 Motion for Summary Judgment and adopting 74 Report and Recommendations.. Signed by Judge David R. Herndon on 5/22/2018. (klh)
|
|
Filing
39
Pursuant to 28 U.S.C. Section 1915(b)(1), in order to assess Plaintiffs IFP Motion, the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. Accordingly, on June 1, 2017, Plaintiff was ordered to provide a copy of his trust fund account statement for the period of 11/1/2016 through 5/23/2017. (Doc. 14 ). The Court received Plaintiffs trust fund account statement on June 16, 2017. (Doc. 24 ). However, Plaintiffs trus t fund account statement only dates back to May 16, 2017. ID. This is because Plaintiff did not enter IDOC custody until April 28, 2017 (according to a note from the trust fund account officer). Id. The Court also received a trust fund account statem ent on June 27, 2017. (Doc. 26 ). However, that account statement is not helpful because it is for an irrelevant time period (after the filing of the Complaint). Records indicate that prior to April 2017, Plaintiff was in custody at the Franklin Cou nty Jail. Section 1915(a)(2) states that a prisoner must obtain a trust fund account statement from the appropriate official of each prison at which [he] is or was confined during the relevant period. Accordingly, Plaintiff is ordered to provide a tr ust fund account statement from Franklin County Jail for the period of 11/1/2016 through 4/28/2017 (the period not covered by trust fund account statement currently on file). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at the Franklin County Jail, where it appears Plaintiff was previously incarcerated. Signed by Judge David R. Herndon on 8/1/2017. (jaj)
|
|
Filing
29
ORDER denying 5 Motion for Preliminary Injunction and adopting 23 Report and Recommendations. Signed by Judge David R. Herndon on 7/5/17. (klh)
|
|
Filing
14
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 11/ 1/2016 to 5/23/2017 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 Menard Correctional Center. (Trust Fund Statement due on or before 7/17/2017). Signed by Judge David R. Herndon on 6/1/2017. (jaj)
|
|
Filing
4
ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. Signed by Judge David R. Herndon on 5/24/2017. (tjk)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
