Daniels v. Menard Correctional Center
Plaintiff: Darrian Daniels
Defendant: Menard Correctional Center, Dumsdorff and Mills
Case Number: 3:2019cv00394
Filed: April 10, 2019
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prison Condition
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2019 Initial Prisoner Filing Fee: $ 400.00 received, receipt number 44625011543 (kdb)
July 3, 2019 Filing 16 NOTICE to the Court regarding Trust Fund Account by Darrian Daniels. (jsm2)
June 28, 2019 Filing 15 DOCKET ANNOTATION - E-mail received from Michele Prange (TFO) at Menard CC advising that $400 check will be processed today and advises that Mr. Daniels has not made any prior attempts to pay the filing fee and has never contacted the Trust Office in regards to this case. (jsm2)
June 28, 2019 Set/Reset Deadlines: Action due by 7/10/2019. (jsm2)
June 28, 2019 Opinion or Order Filing 14 ORDER: This case was opened without payment of a filing fee or the filing of a Motion and Affidavit to Proceed in District Court Without Prepaying Fees or Costs ("IFP Motion"). On April 12, 2019, the Court ordered Plaintiff to pay the filing fee or submit a properly supported IFP Motion. (Doc. #3 ). Plaintiff was warned that failure to comply would result in dismissal of this case. Subsequently, Plaintiff filed notices with the Court indicating that he is attempting to pay the full filing fee but is having difficulty with the trust fund account officer at Menard Correctional Facility ("Menard"). (Docs. #8 , #9 , and #11 ). In response to these notices, the Court has extended Plaintiff's deadline for paying the full filing fee on two occasions. (Docs. 10 and 12 ). On June 27, 2019, Plaintiff filed a fourth notice claiming that Menard's trust fund account officer has failed to pay the filing fee as requested. Because of these allegations, the Court concludes that additional inquiry is appropriate. See Thomas v. Butts, 745 F.3d 309, 313 (7th Cir. 2014) (prior to dismissing a case for failure to pay a filing fee, courts have a duty to assess whether the failure is attributable to the prisoner or circumstances beyond his control); Sultan v. Fenoglio, 775 F.3d 888, 890 (7th Cir. 2015) (same). Accordingly, the Clerk of Court is DIRECTED to transmit a copy of Plaintiff's Notice (Doc. #13 ) and of this Order to the trust fund officer at Menard, who may be able to determine if Plaintiff requested payment of the filing fee. Further, the Court ORDERS the trust fund officer at Menard to notify the Court, on or before July 10, 2019, regarding whether Plaintiff requested payment of the filing fee for this case and the status of that request. Signed by Chief Judge Nancy J. Rosenstengel on 6/28/2019. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 27, 2019 Filing 13 NOTICE Regarding Payment of Filing Fee by Darrian Daniels. (jsm2)
June 24, 2019 Set/Reset Deadlines: Filing fee due by 7/1/2019. (jsm2)
June 21, 2019 Opinion or Order Filing 12 ORDER: On May 1, 2019, Plaintiff was ordered to pay the full filing fee of $400. On May 23, 2019, the Court granted Plaintiff additional time to June 3, 2019 to pay the filing fee. Prior to entry of that Order, the Court received notices from Plaintiff stating he has submitted vouchers to the trust fund account officer at Menard Correctional Center for payment of the filing fee. The Court has not received any payment. The Court grants Plaintiff additional time to July 1, 2019 to pay the filing fee. 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). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk of Court is DIRECTED to mail a copy of this Order to the trust fund account officer at Menard Correctional Center. Signed by Chief Judge Nancy J. Rosenstengel on 6/21/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 6, 2019 Filing 11 NOTICE to the Court regarding Trust Fund by Darrian Daniels (jsm2)
May 24, 2019 Set/Reset Deadlines: Action due by 6/3/2019. (jsm2)
May 23, 2019 Opinion or Order Filing 10 ORDER: On May 1, 2019, Plaintiff was ordered to pay the full filing fee of $400 or file a Motion for Leave to Proceed In Forma Pauperis by May 10, 2019. On May 9 and 22, 2019, Plaintiff filed notices to the Court stating he has submitted vouchers to the trust fund account officer at Menard for payment of the $400 filing fee. The Court has not received any payment. The Court grants Plaintiff additional time to June 3, 2019 to pay the filing fee. The Clerk of Court is DIRECTED to mail a copy of this Order and document 7 to the trust fund account officer at Menard Correctional Center. Signed by Chief Judge Nancy J. Rosenstengel on 5/23/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 22, 2019 Filing 9 SECOND NOTICE to the Court Regarding Trust Fund Statement by Darrian Daniels. (jaj) Modified on 5/22/2019 (amv).
May 9, 2019 Filing 8 NOTICE to Court regarding Trust Fund Statement by Darrian Daniels. (jsm2)
May 2, 2019 Set/Reset Deadlines: Action due by 5/10/2019. (jsm2)
May 1, 2019 Opinion or Order Filing 7 ORDER DENYING #6 request for preliminary injunctive relief. Plaintiff is reminded that he must pay the full filing fee of $400.00 or file a Motion for Leave to Proceed In Forma Pauperis by May 10, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 5/1/2019. (ksp)
April 29, 2019 Filing 6 NOTICE to the Court by Darrian Daniels. (jsm2)
April 17, 2019 Filing 5 NOTICE to this Court by Darrian Daniels. (jsm2)
April 17, 2019 Filing 4 COMPLAINT against Dumsdorff and Mills filed by Darrian Daniels.(jsm2)
April 12, 2019 Set/Reset Deadlines: Complaint due by 5/10/2019. (jaj)
April 12, 2019 Opinion or Order Filing 3 ORDER denying without prejudice #1 Motion for Preliminary Injunction and/or Protective Order. Signed by Chief Judge Nancy J. Rosenstengel on 4/12/2019. (ksp)
April 10, 2019 Filing 2 Letter from USDC/SDIL to Plaintiff informing him of case number. (Attachments: #1 Consent to Magistrate, #2 Motion to Proceed IFP).(jsm2)
April 10, 2019 Filing 1 MOTION for Preliminary Injunction and/or Protective Order by Darrian Daniels. (jsm2)

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Defendant: Menard Correctional Center
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Defendant: Dumsdorff
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Plaintiff: Darrian Daniels
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