Daniels v. Menard Correctional Center
| Darrian Daniels |
| Menard Correctional Center, Dumsdorff and Mills |
| 3:2019cv00394 |
| April 10, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Initial Prisoner Filing Fee: $ 400.00 received, receipt number 44625011543 (kdb) |
| Filing 16 NOTICE to the Court regarding Trust Fund Account by Darrian Daniels. (jsm2) |
| 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) |
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.
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| Set/Reset Deadlines: Action due by 7/10/2019. (jsm2) |
| Filing 13 NOTICE Regarding Payment of Filing Fee by Darrian Daniels. (jsm2) |
| Set/Reset Deadlines: Filing fee due by 7/1/2019. (jsm2) |
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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.
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| Filing 11 NOTICE to the Court regarding Trust Fund by Darrian Daniels (jsm2) |
| Set/Reset Deadlines: Action due by 6/3/2019. (jsm2) |
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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.
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| Filing 9 SECOND NOTICE to the Court Regarding Trust Fund Statement by Darrian Daniels. (jaj) Modified on 5/22/2019 (amv). |
| Filing 8 NOTICE to Court regarding Trust Fund Statement by Darrian Daniels. (jsm2) |
| Set/Reset Deadlines: Action due by 5/10/2019. (jsm2) |
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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)
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| Filing 6 NOTICE to the Court by Darrian Daniels. (jsm2) |
| Filing 5 NOTICE to this Court by Darrian Daniels. (jsm2) |
| Filing 4 COMPLAINT against Dumsdorff and Mills filed by Darrian Daniels.(jsm2) |
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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)
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| Set/Reset Deadlines: Complaint due by 5/10/2019. (jaj) |
| Filing 2 Letter from USDC/SDIL to Plaintiff informing him of case number. (Attachments: #1 Consent to Magistrate, #2 Motion to Proceed IFP).(jsm2) |
| Filing 1 MOTION for Preliminary Injunction and/or Protective Order by Darrian Daniels. (jsm2) |
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