Clifford v. Rauner et al
| William Clifford |
| Officer Wine, Bruce Rauner and Officer Didinsky |
| 3:2018cv01667 |
| August 30, 2018 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 27, 2018. A more recent docket listing may be available from PACER.
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| Filing 9 CLERK'S JUDGMENT. Approved by Judge Nancy J. Rosenstengel on 9/27/2018. (tjk) |
Filing 8
ORDER DISMISSING CASE without prejudice for failure to exhaust administrative remedies. If Plaintiff wishes to proceed on his claims, he must exhaust his remedies and then initiate a new action. In light of the dismissal, This dismissal shall not count as a strike pursuant to Section 1915(g). Signed by Judge Nancy J. Rosenstengel on 9/27/2018. (tjk)
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| Initial Prisoner Filing Fee: $ 57.08 received, receipt number 44625010178 (kdb) |
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $57.08. 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 Menard Correctional Center upon entry of this Order. Signed by Judge Nancy J. Rosenstengel on 9/13/2018. (jaj) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 Prisoner Trust Fund Account Statement. (jaj) |
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Filing 5
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 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 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 2/1/2018 to 8/30/2018 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 Menard Correctional Center. (Trust Fund Statement due on or before 10/22/2018). Signed by Judge Nancy J. Rosenstengel on 9/6/2018. (jaj)
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| Filing 4 Letter to plaintiff regarding case opening. (Attachments: #1 Consent to Magistrate Judge) (tkm) |
| Filing 3 MOTION for Recruitment of Counsel by William Clifford. (tkm) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by William Clifford. (tkm) |
| Filing 1 COMPLAINT against All Defendants, filed by William Clifford.(tkm) |
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