Spoden v. Lynn
| Anthony Spoden |
| Dan Lynn, Austin Laster, B. Vaughn and Gia D. Wright |
| 3:2018cv01402 |
| July 17, 2018 |
| U.S. District Court for the Southern District of Illinois |
| East St. Louis Office |
| Johnson |
| Nancy J Rosenstengel |
| Donald G Wilkerson |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 28, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 NOTICE of Appearance by R. Kolton Ray on behalf of Dan Lynn (Ray, R.) |
| Filing 11 WAIVER OF SERVICE Returned Executed Dan Lynn waiver sent on 8/13/2018, answer due 10/12/2018. (tjk) |
| Filing 10 REQUEST FOR WAIVER of Service sent to Lynn on 8/13/2018. Waiver of Service due by 9/12/2018. (tjk) |
Filing 9
ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. COUNTS 9 and 11 are DISMISSED with prejudice for failure to state a claim upon which relief may be granted. LASTER and WRIGHT are DISMISSED from this action with prejudice. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 20(a)(2), Plaintiff's retaliation claim against Vaughn in COUNT 10, which is unrelated to the retaliation claim against Lynn in Count 8, is SEVERED into a new case. Signed by Judge Nancy J. Rosenstengel on 8/10/2018. (tjk)
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| Filing 8 NOTICE of Change of Address by Anthony Spoden (tkm) |
| Filing 7 NOTICE of Change of Address by Anthony Spoden effective 8/6/2018. (jaj) |
| Set/Reset Deadlines: Address change effective 8/6/2018. See #7 for details. (jaj) |
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Filing 6
ORDER Directing Monthly Payments be made from Prison Account of Spoden: Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $27.07. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Shawnee Correctional Center upon entry of this Order. Signed by Judge Nancy J. Rosenstengel on 7/26/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 Letter to Plaintiff regarding case number. (Attachments: #1 Consent to Magistrate Judge) (tjk) |
| Filing 4 MOTION for Recruitment of Counsel by Anthony Spoden. (tjk) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Anthony Spoden. (tjk) |
| Filing 2 COMPLAINT against All Defendants, filed by Anthony Spoden.(tjk) |
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Filing 1
MEMORANDUM AND ORDER severing case number 18-949-NJR. Signed by Judge Nancy J. Rosenstengel on 7/16/2018. (tjk)
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