Williams et al v. Menard Correctional Center et al
| Vonsean K. Williams, Heather Hood, Marshall Maxwell and S. Quick |
| Major Westfall, Officer Kramer, Jacqueline Lashbrook, Counselor Rodely, Officer Miles, Larissa Wandro, Major Rowland, Officer Lauer, Sgt. Reynolds, Counselor Bump, Officer Chitty, Officer Wilson, Menard Correctional Center, Officer McCaleb and Lt. Samuel |
| 3:2018cv01693 |
| September 6, 2018 |
| U.S. District Court for the Southern District of Illinois |
| Michael J Reagan |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing 13
ORDER DENYING Plaintiff's motions to proceed in forma pauperis (Docs. #2 and #8 ). 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 Williams' affidavit that he is indigent. Plaintiff's trust fund account balance as of August 31, 2018, was $459.76, which is enough to pay the $400.00 filing fee (Doc. #12 ). Plaintiff received a deposit of $500.00 from "County of Cook" on August 9, 2018, and $100 total in deposits made from Kathleen Porter and Shavonne Williams during the 6 month period immediately preceding the filing of this action (Doc. 12, p. 2-3). In his motions to proceed IFP, Plaintiff states that his only source of income is $10 per month state pay (Docs. #2 and #8 ). Plaintiff did not disclose the $500 deposit made to his account on August 9, 2018, or the $100 in deposits that he received from Kathleen Porter and Shavonne Williams. 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 November 19, 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 11/19/2018). Signed by Chief Judge Michael J. Reagan on 10/19/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 Prisoner Trust Fund Account Statement for Vonsean Williams. (jaj) |
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Filing 11
ORDER: Plaintiff has filed Motions for Leave to Proceed In Forma Pauperis ("IFP") in this case (see Doc. 2 & 8), 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 3/1/2018 to 9/6/2018 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 11/29/2018). Signed by Chief Judge Michael J. Reagan on 10/18/2018. (jaj)
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| Filing 10 Letter from Plaintiff to the Court. (jaj) |
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Filing 9
Order re Doc. 6. This case was opened with an unsigned Complaint, in violation of Fed. R. Civ. P. 11(a). (Doc. 1). On September 7, 2018, Plaintiffs were ordered to submit a complaint signed by each of them no later than October 5, 2018. (Doc. 5). On September 28, 2018, Plaintiff Williams submitted a Complaint which lists himself, along with Hood, Quick, and Maxwell as plaintiffs. (Doc. 6). However, it is signed only by Plaintiff Williams. (Doc. 6, p. 16). Plaintiffs Hood, Quick, and Maxwell filed no response to the Court's September 7, 2018 order. Plaintiffs were previously warned that failure to sign the Complaint would lead to their dismissal. (Doc. 5). As Plaintiffs Hood, Quick, and Maxwell have not signed the Complaint, they are DISMISSED without prejudice from this action and the Court will disregard any and all allegations that may relate to them. Signed by Chief Judge Michael J. Reagan on 10/15/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by Vonsean K. Williams. (jaj) |
| Filing 7 MOTION for Recruitment of Counsel by Vonsean K. Williams. (jaj) |
| Filing 6 COMPLAINT against All Defendants filed by Vonsean K. Williams.(jaj) |
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Filing 5
ORDER: This multi-plaintiff suit is not signed by any plaintiff and appears to only make allegations on behalf of lead plaintiff, Vonsean Williams. 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." Additionally, Plaintiffs have also violated Federal Rule of Civil Procedure 8(a), which requires a litigant to include "a demand for the relief sought" in a pleading. Plaintiffs have not requested any relief in this action. To proceed with this action, Plaintiffs are ORDERED to submit a properly signed Complaint, including exhibits and a proper request for relief, within twenty-eight (28) days (on or before October 5, 2018). Each Plaintiff must sign the Complaint, or they will be dismissed from this action. Failure to comply with this order shall result in the striking of the Complaint and the dismissal of this action. See Fed. R. Civ. P. 41(b). To enable Plaintiffs to comply with this Order, the CLERK is DIRECTED to return a copy of the Complaint (Doc. 1) to each Plaintiff, including the Menard counselors at their work address, along with this order. (Amended Pleadings due by 10/5/2018). Signed by Chief Judge Michael J. Reagan on 9/7/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 Letter from USDC/SDIL to Plaintiffs informing them of case number. (Attachments: #1 Consent to Magistrate Judge) (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Vonsean K. Williams. (Attachments: #1 Court Form, #2 Exhibits)(jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Vonsean K. Williams. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: #1 Complaint part 2)(jaj) |
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