Jones v. Doe et al
| Malik Jones |
| John Doe, Jacqueline Lashbrook and Nurse Jane Doe |
| 3:2018cv02173 |
| December 14, 2018 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 11 Initial Prisoner Filing Fee: $ 29.54 received, receipt number 34625089927 (cds) |
| Filing fee: $ 7.65, receipt number 34625089931 (cds) |
Filing 10
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $37.19. 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 Pontiac Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 1/4/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 Prisoner Trust Fund Account Statement. (jsm2) |
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Filing 8
ORDER: Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis ("IFP") in this case (see Doc. #3 ), 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 10/19/2018 to 11/29/2018 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 Pontiac Correctional Center. (Action due by 2/4/2019). Signed by Judge Staci M. Yandle on 12/20/2018. (tjk)
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Filing 7
NOTICE AND ORDER: This Court has received your complaint and your motion to proceed without prepayment of the filing fee from the Northern District of Illinois, previously assigned case number: 18-7887. Your new case number is 18-2173-SMY. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See 28 U.S.C. Sec. 1915A The Court will conduct this review within the next 60 days and 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 other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Staci M. Yandle on 12/14/2018. (jaj)
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| Filing 6 Case transferred in from District of Illinois Northern; Case Number 1:18-cv-07887. Original file certified copy of transfer order and docket sheet received. |
| Filing 5 TRANSFERRED to the United States District Court for the Southern District of Illinois, East St. Louis Division the electronic record. (ph, ) [Transferred from Illinois Northern on 12/14/2018.] |
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Filing 4
ORDER: The Court transfers this action the complaint and all motions forthwith to the United States District Court for the Southern District of Illinois, East St. Louis Division for whatever action the transferee court deems appropriate. The Clerk shall not issue summonses unless the transferee court so directs. This case and all pending motions are terminated on this Court's docket. See order for details. Signed by the Honorable John Robert Blakey on December 13, 2018. Mailed notice (ph, ) [Transferred from Illinois Northern on 12/14/2018.]
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| Filing 3 MOTION AND AFFIDAVIT to proceed in District Court without prepaying fees or cost by Plaintiff Malik Jones (Attachment). (yap, ) [Transferred from Illinois Northern on 12/14/2018.] |
| Filing 2 CIVIL Cover Sheet. (yap, ) [Transferred from Illinois Northern on 12/14/2018.] |
| Filing 1 RECEIVED Complaint and 0 copies by Malik Jones. (yap, ) [Transferred from Illinois Northern on 12/14/2018.] |
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