Champ v. Chester Mental Health et al
| Bryon K Champ |
| Nageswararao Vallabhaneni, Chester Mental Health, Bree Barnett and Shirley Forcum |
| 3:2019cv00263 |
| March 5, 2019 |
| U.S. District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
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Filing 16
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #1 ). Plaintiff has been without funds for six months, he is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee. Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. 1915(b)(4). 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 Winnebago County Jail upon entry of this Order. Signed by Judge Staci M. Yandle on 5/1/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
Order DENYING as MOOT #14 Motion to Subpoena Trust Fund Statements. In the motion, Plaintiff requests two blank form motions for leave to proceed in forma pauperis and civil rights packets. The Clerk is DIRECTED to send both to Plaintiff. Signed by Judge Staci M. Yandle on 3/28/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
MOTION to Subpoena Trust Fund Statements by Bryon K Champ. (jaj)
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Filing 13
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 12
Prisoner Trust Fund Account Statement by Bryon K Champ. (jsm2)
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Filing 11
FIRST AMENDED COMPLAINT against All Defendants filed by Bryon K Champ.(jsm2)
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Filing 10
ORDER construing #7 Supplement as Motion for Leave to Amend Complaint and GRANTING same. The Clerk is DIRECTED to re-file the original #2 Complaint and #7 Supplement together as the "First Amended Complaint" in CM/ECF. The First Amended Complaint supersedes and replaces the original Complaint and renders it VOID. See Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n. 1 (7th Cir. 2004). The First Amended Complaint is subject to preliminary review. Plaintiff will be provided with a copy of the screening order once this review is complete. Signed by Judge Staci M. Yandle on 3/15/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
ORDER GRANTING, in part, DENYING, in part, #8 Motion for Copies of case. As a general rule, the District Clerk will mail paper copies of any document to a party only upon prepayment of the required fee. According to 28 U.S.C. 1914(b), "[t]he clerk shall collect from the parties such additional fees only as are prescribed by the Judicial Conference of the United States." The Judicial Conference Schedule of Fees section (4) provides that a fee of $.50 per page shall apply for reproducing any record or paper. Plaintiff's request for a copy of every document in this case is DENIED. As a one-time courtesy to Plaintiff, the CLERK is DIRECTED to provide him with a courtesy copy of the following documents: (1) docket sheet; (2) Complaint (Doc. 2); (3) Notice and Consent to Proceed Before Magistrate Judge (Doc. 3, p. 1); and (4) Trust Fund Account Certification page (Doc. 4, p. 1). Plaintiff must request copies of any other document(s), in writing, by reference to the document number and send the required prepayment for the same. Signed by Judge Staci M. Yandle on 3/15/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
MOTION for Copies by Bryon K Champ. (tjk)
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Filing 7
SUPPLEMENT by Bryon K Champ. Supplement to #2 Complaint. (jsm2)
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Filing 6
Prisoner Trust Fund Account Statement by Bryon K Champ. (jsm2)
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Filing 5
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
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Filing 4
ORDER: Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis ("IFP") in this case (see Doc. #1 ), 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 9/1/2018 to 3/5/2019 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 Winnebago-WCJ. (Trust Fund Statement due on or before 4/22/2019). Signed by Judge Staci M. Yandle on 3/7/2019. (tjk)
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Filing 3
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-cv-263-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 3/5/2019. (jsm2)
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Filing 2
COMPLAINT against All Defendants filed by Bryon K Champ.(jsm2)
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Filing 1
MOTION for Leave to Proceed in forma pauperis by Bryon K Champ. (jsm2)
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