Bradbury v. Bagwell et al
| James Bradbury |
| Ms. Bagwell, Randall Pass, P.A. Castillo, P.A. Griswall, P.A. Brooks and Health Services USP Marion, IL |
| 3:2018cv00428 |
| February 20, 2018 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Williamson |
| J. Phil Gilbert |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
9
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 HEALTH SERVICES USP MARION, IL is DISMISSED from the action with prejudice. The Clerk of the Court shall terminate this entity as a party in CM/ECF. Plaintiff is GRANTED leave to file a First Amended Complaint on or before May 1, 2018. Should Plaintiff fail to file his First Amended Complaint within the allotted time or consistent wit h the instructions set forth in this Order, the entire case shall be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. (Amended Pleadings due by 5/1/2018). Signed by Judge J. Phil Gilbert on 4/3/2018. (tjk)
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Filing
4
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 i nmate 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 T HEREFORE 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 8/1/2 017 TO 2/20/2018 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 1051 (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 USP Marion. (Trust Fund Statement due on or before 4/9/2018). Signed by Judge J. Phil Gilbert on 2/22/2018. (jaj)
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