Barrows v. Goldman et al
| Henry Barrows |
| Lt Withoff, Mrs. Walton, Dr. Goldman, C/O Quant, C/O Dubzinski, Ms. Moll, Cassie Norton, Tonya Smith and Lt. Bebout |
| 3:2018cv01400 |
| July 17, 2018 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Livingston |
| Staci M Yandle |
| Prison Condition |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 9 RESPONSE to 8 Order, filed by Henry Barrows. (tkm) |
Filing 8
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Docs. #3 , #5 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from Barrows' affidavit that he is indigent. Plaintiff's monthly trust fund account balance as of July 16, 2018, was $1,672.12 (Doc. #3 ). In addition, Plaintiff's opening monthly trust fund account balance for the 6 month period immediately preceding the filing of this case ranges from $1,687.78 in July to $4,439.94 in February (Docs. #5 , #7 ). Plaintiff lists no monthly expenses. Plaintiff also failed to disclose the $1500 deposit listed as a "bday gift" in his prison trust fund account on March 16, 2018 (Doc. #7 , p. 2). He was required to do so. (See Doc. 3, p. 1 and Doc. 5, p. 2) (requiring disclosure of income from all sources for past 12 months). Plaintiff is hereby ORDERED to pay the $400 filing fee for this action not later than thirty (30) days from the date of entry of this Order (on or before September 17, 2018). He is also ORDERED to SHOW CAUSE by the same date why this case should not be dismissed for failure to disclose this financial information when seeking leave to proceed as a poor person herein. Failure to comply with this Order will result in dismissal of this action. Fed. R. Civ. P. 41(b). (Action due by 9/17/2018). Signed by Judge Staci M. Yandle on 8/17/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 Prisoner Trust Fund Account Statement. (tjk) |
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Filing 6
ORDER: Plaintiff has filed a signed Motion for Leave to Proceed In Forma Pauperis ("IFP") in accordance with the Court Order at Doc. 4 (Doc. #5 ) but has failed to provide the necessary prisoner trust fund account information (1/1/2018 to 4/19/2018). Plaintiff states in his renewed motion to proceed IFP that he has just been transferred to Pontiac Correctional Center from Menard Correctional Center and he does not have the trust fund account information available from Menard. The Clerk of Court is DIRECTED to send a copy of this Order as well as the Order at Doc. 4 to Menard Correctional Center. The Menard Trust Fund Officer shall provide Plaintiff's prison trust fund account information covering the relevant time period (1/1/2018 to 4/19/2018) to the Clerk's Office. Signed by Judge Staci M. Yandle on 8/10/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Henry Barrows. (jaj) |
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Filing 4
ORDER : Plaintiff's unsigned Motion for Leave to Proceed In Forma Pauperis ("IFP") was filed on July 26, 2018 (Doc. #3 ). Rule 11(a) of the Federal Rules of Civil Procedure requires that "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." Further, Plaintiff 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 a copy of his trust fund account statement (or institutional equivalent) for the period 1/1/2018 to 4/19/2018 no later than August 28, 2018. Plaintiff is also ORDERED to submit a properly signed Motion to Proceed IFP no later than August 28, 2018. Failure to comply with this order shall result in the striking of the Motion and the 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). To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to return a copy of the Motion (Doc. 3) to Plaintiff along with this order and a blank Motion to Proceed IFP form. (Action due by 8/28/2018). Signed by Judge Staci M. Yandle on 7/31/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Henry Barrows. (tkm) |
| Filing 2 Letter from USDC/SDIL to Plaintiff informing him of case number and filing fee requirements. (Attachments: #1 Consent to Magistrate Judge, #2 Motion to Proceed IFP) (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Henry Barrows.(jaj) |
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