Garcia v. Baldwin et al
| Martin Garcia |
| John Baldwin and Warden Garrett |
| 3:2017cv00565 |
| May 30, 2017 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Lee |
| Nancy J. Rosenstengel |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
10
ORDER DISMISSING CASE with prejudice for failure to comply with an order of this Court. Further, because the Complaint failed to state a claim upon which relief may be granted, this dismissal shall count as one of Plaintiff's three allotted strikes within the meaning of 28 U.S.C. § 1915(g). Signed by Judge Nancy J. Rosenstengel on 9/8/2017. (tjk)
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Filing
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that BALDWIN and GARRETT are DISMISSED without prejudice from this cas e for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that, should he wish to proceed with this case, Plaintiff shall file a First Amended Complaint, stating any facts which may exist to support an unconstitutional conditions of confinement claim, within 28 days of the entry of this order (on or before September 1, 2017). Signed by Judge Nancy J. Rosenstengel on 8/4/2017. (jaj)
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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 12/ 1/2016 to 5/6/2017 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 105 1 (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 Big Muddy River Correctional Center. Signed by Judge Nancy J. Rosenstengel on 7/12/2017. (jaj)
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