Elkins, Jr. v. Fatheree et al
Plaintiff: Timothy W. Elkins, Jr.
Defendant: Mr. Vitale, John Doe, 1 and Jon Fatheree
Case Number: 3:2018cv02019
Filed: October 25, 2018
Court: US District Court for the Southern District of Illinois
Presiding Judge: Staci M Yandle
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2018 Filing 12 EXHIBITS by Timothy W. Elkins, Jr.. re #1 Complaint filed by Timothy W. Elkins, Jr.. (Attachments: #1 Envelope)(jaj)
December 5, 2018 Opinion or Order Filing 11 ORDER: Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis ("IFP") in this case (see Doc. 5), 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 4/01/2018 to 10/25/2018 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 Southwestern Illinois Correctional Center. (Trust Fund Statement due on or before 1/19/2019). Signed by Judge Staci M. Yandle on 12/5/2018. (jsm2)
November 29, 2018 Filing 10 EXHIBITS by Timothy W. Elkins, Jr.. re #1 Complaint filed by Timothy W. Elkins, Jr.. (jaj)
November 29, 2018 Filing 9 Prisoner Trust Fund Account Statement by Timothy W. Elkins, Jr.. (jaj)
November 26, 2018 Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
November 26, 2018 Filing 7 MOTION for Leave to Proceed in forma pauperis by Timothy W. Elkins, Jr.. (jaj)
November 14, 2018 Opinion or Order Filing 6 ORDER: Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis ("IFP") in this case (see Doc. 5), 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 4/01/2018 to 10/25/2018 no later than 45 days from he 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 Sheridan Correctional Center. (Trust Fund Statement due on or before 12/29/2018). Signed by Judge Staci M. Yandle on 11/14/2018. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 14, 2018 Filing 5 MOTION for Leave to Proceed in forma pauperis by Timothy W. Elkins, Jr.. (jaj)
November 14, 2018 Filing 4 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
October 25, 2018 Opinion or Order Filing 3 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. Sec. 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, absent extraordinary circumstances. 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 recruitment of counsel, it will not be considered until the complaint is reviewed. In addition, any motion for recruitment 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). If your motion to proceed in forma pauperis is granted and if your claim(s) survive the merit review, the Court will send a Notice of Lawsuit and Waiver of Service Form to the appropriate defendant(s). This will be the first time the defendant(s) 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 file-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 Staci M. Yandle on 10/25/2018. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 25, 2018 Filing 2 Letter from from USDC/SDIL to Plaintiff informing him of case number and filing fee requirements. (Attachments: #1 Motion for IFP, #2 Consent to Magistrate). (jsm2)
October 25, 2018 Filing 1 COMPLAINT against All Defendants filed by Timothy W. Elkins, Jr.(jsm2)

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Plaintiff: Timothy W. Elkins, Jr.
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Defendant: Mr. Vitale
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Defendant: John Doe, 1
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Defendant: Jon Fatheree
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