Rhodes v. USA et al
| Jimmy E. Rhodes |
| William True, Associate Warden of Operations, Director Federal Bureau of Prisons, USA and Hugh J. Hurwitz |
| 3:2019cv00050 |
| January 16, 2019 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing fee: $ 400.00, receipt number 34625091219 (amv) |
| Filing 9 Prisoner Trust Fund Account Statement. (jsm2) |
| Set/Reset Deadlines: Action due by 3/15/2019. (jsm2) |
Filing 8
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #3 ). 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 Rhodes' affidavit that he is indigent. Plaintiff's trust fund account balance as of 1/15/2019, the day before he filed this case, was $2,889.78 (Doc. #3 ). Plaintiff lists no monthly expenses. Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #3 ). Plaintiff shall pay the $400.00 filing fee no later than 30 days from the date of this Order (on or before March 15, 2019). Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). 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). Signed by Judge J. Phil Gilbert on 2/13/2019. (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. (jsm2) |
| Filing 6 Prisoner Trust Fund Account Statement by Jimmy E. Rhodes. (jsm2) |
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Filing 5
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 7/1/2018 to 1/16/2019 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 Marion United States Penitentiary. (Trust Fund Statement due on or before 3/21/2019). Signed by Judge J. Phil Gilbert on 2/4/2019. (tjk)
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Filing 4
ORDER : The Court has received your motion to proceed without prepayment of the filing fee. 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. 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 J. Phil Gilbert on 2/4/2019. (tjk)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Jimmy E. Rhodes. (jsm2) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-50-JPG. Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. 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. (Action due by 2/15/2019.) Signed by Judge J. Phil Gilbert on 1/16/2019. (Attachments: #1 Consent to Magistrate Judge)(jaj)
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| Filing 1 COMPLAINT against All Defendants filed by Jimmy E. Rhodes.(jaj) |
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