Wilson v. George et al
| Ronald Wilson and Roland Wilson |
| Jane Doe, Penny George, Kevin Halloran, John Baldwin, Don Vinyard, Dr. David, Joe Abbett, Wexford Medical, Nurse Melissa, Allen Karraker and Matthew Swalls |
| 3:2018cv01783 |
| October 3, 2018 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Donald G Wilkerson |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 13 REQUEST FOR WAIVER of Service sent to Matthew Swalls on 10/31/2018. Waiver of Service due by 11/30/2018. (jaj) |
| Filing 12 REQUEST FOR WAIVER of Service sent to Penny George on 10/31/2018. Waiver of Service due by 11/30/2018. (jaj) |
| Filing 11 REQUEST FOR WAIVER of Service sent to Dr. David on 10/31/2018. Waiver of Service due by 11/30/2018. (jaj) |
Filing 10
ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson, denying #3 MOTION for Recruitment of Counsel filed by Roland Wilson. Now that service of process has been ordered, Plaintiff is advised to wait until counsel has appeared for the defendants before filing any motions, in order to give the defendants notice and an opportunity to respond to those motions. Motions filed before defendants' counsel has filed an appearance will generally be denied as premature. Plaintiff need not submit any evidence to the court at this time, unless otherwise directed by the Court. Signed by Judge Nancy J. Rosenstengel on 10/29/2018. (tjk)
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| Initial Prisoner Filing Fee: $58.67 received, receipt number 34625087892. (dmw2) |
| Filing 9 Prisoner Trust Fund Account Statement by Roland Wilson. (Attachments: #1 attachments)(jaj) |
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Filing 8
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 $40.67. 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 Vienna Correctional Center upon entry of this Order. Signed by Judge Nancy J. Rosenstengel on 10/10/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 Prisoner Trust Fund Account Statement. (tkm) |
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Filing 6
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 10/1/2018 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 Vienna Correctional Center., ( Trust Fund Statement due on or before 11/19/2018). Signed by Judge Nancy J. Rosenstengel on 10/5/2018. (tkm)
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| Filing 5 Letter from USDC/SDIL to Plaintiff informing him of case number. (Attachments: #1 Consent to Magistrate Judge) (jaj) |
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Filing 4
NOTICE AND ORDER: This Notice and Order includes important information concerning the initial stages of your lawsuit. The Court has received your complaint. After your filing fee status is determined, the Court will review your complaint to identify claims and defendants and to dismiss any legally insufficient claims. See 28 U.S.C. 1915A. The Court will conduct this review within the next 60 days. The Court will then inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time. Therefore, you do not need to submit any evidence, argument, motions, or documents. If you do not receive a Merit Review Order within 60 days of filing your complaint, you may file a motion requesting the status of your case. The Court will not consider a status motion at any time prior to the 60 day deadline. If you have filed a motion for appointment of counsel, it will not be considered until the Court has identified the claims and defendants in your complaint. In addition, any motion for appointment of counsel must include evidence of your own efforts to find counsel such as a list of attorneys contacted and copies of letters sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Once your motion to proceed in forma pauperis is granted and the merit review is complete, the Court will send a Notice of Lawsuit and Waiver of Service Form to each of your defendants. This will be the first time the defendants will be informed of your lawsuit. After a defendant signs the waiver and returns it, that defendant will then have 60 days to file an answer to your complaint. If a defendant does not return the completed waiver, the Court will follow up as necessary to complete service on that defendant. When all of the defendants have filed answers, the Court will enter a Scheduling Order containing important information on deadlines, discovery, and procedures. All requests for file-stamped copies of documents must be accompanied by a stamped, self-addressed envelope and an extra copy of the document to be filed stamped and returned. The Clerk cannot photocopy documents for you unless the copy fee of $0.50 per page is submitted in advance. Finally, you must promptly notify the court in writing of any change of address. Failure to notify the court of a change in your address could result in the dismissal of your case. Signed by Judge Nancy J. Rosenstengel on 10/3/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Recruitment of Counsel by Roland Wilson. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Roland Wilson. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Roland Wilson.(jaj) |
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