Gutierrez v. Baldwin et al
| Armando Gutierrez |
| William A. Spiller, Kent Brookman, Jacqueline Lashbrook, John Baldwin, John Doe, Jason Hart and Whik Cotton |
| 3:2018cv01478 |
| August 9, 2018 |
| U.S. District Court for the Southern District of Illinois |
| East St. Louis Office |
| Randolph |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #6 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $68.53. 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 Menard Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 10/2/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
MOTION for Leave to Proceed in forma pauperis by Armando Gutierrez. (tkm)
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Filing 5
ORDER DENYING as incomplete Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #4 ). Plaintiff has failed to include answers to all questions set forth in the form IFP, specifically number 3 (see Doc. 4, p. 2). Without a properly completed IFP Motion, which includes answers to all questions set forth in the form IFP Motion, the Court will not grant IFP status or screen this case pursuant to 28 U.S.C. 1915A. Although Plaintiff will be given an additional twenty-one (21) days to pay his filing fee or submit a properly completed IFP application, he is WARNED that the case shall be dismissed if he fails to comply with this Order. See FED. R. CIV. P. 41(b). Accordingly, Plaintiff is ORDERED to provide the Court with a filing fee of $400.00 or a properly completed IFP Motion on or before October 4, 2018. The Clerk is DIRECTED to send Plaintiff an additional copy of the form IFP Motion along with a copy of this Order. Signed by Judge Staci M. Yandle on 9/12/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
MOTION for Leave to Proceed in forma pauperis by Armando Gutierrez. (tkm)
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Filing 3
Letter to plaintiff regarding case opening. (Attachments: #1 Motion and Affidavit to Proceed in District Court Without Prepaying Fees or Costs) (tkm)
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Filing 2
MOTION for Appointment of Counsel by Armando Gutierrez. (tkm)
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Filing 1
COMPLAINT against All Defendants, filed by Armando Gutierrez. (Attachments: #1 Exhibits)(tkm)
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