Savage v. Herndon et al
| James A. Savage |
| Steve Herndon, John Doe, City of Belleville and Cheryl Triplett |
| 3:2018cv01817 |
| October 5, 2018 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Donald G Wilkerson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 11 NOTICE of Change of Address by James A. Savage from SCCJ to residence, East St. Louis, IL. (jaj) |
| Filing 10 REQUEST FOR WAIVER of Service sent to Herndon on 11/6/2018. Waiver of Service due by 12/6/2018. (tjk) |
Filing 9
ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. Signed by Judge J. Phil Gilbert on 11/5/2018. (tjk)
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Filing 8
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #4 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $1.97. 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 St. Clair County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 10/23/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 6 Order Directing Prisoner Payment. Incorrect dollar amount listed. Order to be re-filed this date.(jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 6
ENTRY STRICKEN - ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #4 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $16.13. 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 St. Clair County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 10/23/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 10/23/2018 (jaj).
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| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by James A. Savage. (jaj) |
| Filing 3 Letter from USDC/SDIL to Plaintiff informing him of case number and filing fee requirements. (Attachments: #1 Motion to Proceed IFP, #2 Consent to Magistrate Judge) (jaj) |
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Filing 2
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 J. Phil Gilbert on 10/5/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 1 COMPLAINT against All Defendants filed by James A. Savage.(jaj) |
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