Scott v. Siddiqui et al
| Christopher Scott |
| Jane Doe, M. Siddiqui and Gail Walls |
| 3:2018cv01482 |
| August 10, 2018 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Randolph |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 9
ORDER DIRECTING PRISONER PAYMENT: As Plaintiff was notified in the Order dismissing this case on September 14, 2018, his obligation to pay the $400.00 filing fee for this action was incurred at the time the action was filed (Doc. #7 ). See 28 U.S.C. 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). To date, no payments have been made toward the outstanding filing fee. Accordingly, the agency having custody of the plaintiff is directed to remit the $400.00 filing fee from his prison trust fund account if such funds are available. If he does not have $400.00 in his account, the agency must send an initial payment of 20% of the current balance or the average balance during the past six months, whichever amount is higher. Thereafter, the agency shall begin forwarding monthly payments of 20% of the preceding months income credited to Plaintiff's trust fund account (including all deposits to the inmate account from any source) until the statutory fee of $400.00 is paid in its entirety. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of Court each time the Plaintiff's account exceeds $10.00 until the $400.00 filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Menard Correctional Center. Signed by Judge Staci M. Yandle on 10/2/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 CLERK'S JUDGMENT. Approved by Judge Staci M. Yandle on 9/14/2018. (tjk) |
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Filing 7
ORDER DISMISSING CASE without prejudice pursuant to 28 U.S.C. 1915(e)(2)(A) because Plaintiff's allegation of poverty in his Motion for Leave to Proceed in forma pauperis is untrue. A separate Order regarding payment of the filing fee for this action will be entered. Plaintiff is ADVISED that this dismissal shall not count as one of Plaintiff's three allotted strikes under 28 U.S.C. 1915(g). Signed by Judge Staci M. Yandle on 9/14/2018. (tjk)
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| Filing 6 MOTION to Supplement Plaintiff Trust Fund Balance for His Motion to Show Cause to Proceed as a Poor Person by Christopher Scott. (tkm) |
| Filing 5 MOTION to Show Cause to Proceed In Forma Pauperis/and the Disclosure of Deposit of $2000 Dollars on 6-15-18 re 4 Order, by Christopher Scott. (tkm) |
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Filing 4
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #2 ). 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 Scott's affidavit that he is indigent. Plaintiff received a deposit of $2000 on June 15, 2018 (Doc. 2, p. 4). According to his affidavit, Plaintiff has no monthly expenses. Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Further, Plaintiff did not disclose the $2000 deposit made to his account on June 15, 2018. He was required to do so. (See Doc. 2, p. 1) (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 3 Letter to plaintiff regarding case opening. (Attachments: #1 Consent to Magistrate Judge) (tkm) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Christopher Scott. (tkm) |
| Filing 1 COMPLAINT against All Defendants, filed by Christopher Scott.(tkm) |
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