Felton et al v. Sheriff et al
| Troy F. Felton, David A. Kifer, Tyler Neal Johnson and Troy D. Felton |
| David Wedding, Sheriff, Ben Shoulders, Cheryl A. Musgrave, Bruce Ungetheim and John/Jane Doe |
| 3:2019cv00662 |
| June 18, 2019 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 14 Mail, Document #12, Returned as Undeliverable. Mail originally sent to Troy D. Felton at Jefferson City Correctional Center. (cjo) |
Filing 13
ORDER GRANTING Plaintiff Felton's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff Felton is assessed an initial partial filing fee of $2.00. 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 Jefferson City Correctional Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 7/24/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
ORDER DISMISSING CASE. Motion to Withdraw #8 filed by Tyler Johnson is GRANTED and Motion to Withdraw #9 filed by David Kifer is also GRANTED. Motion #11 filed by Troy Felton is GRANTED in part and DENIED in part. Plaintiff Felton has filed a Motion #11 seeking leave to voluntarily dismiss this action. Pursuant to Rule 41(a)(1)(B), this action is DISMISSED without prejudice. As Plaintiff Felton incurred the obligation to pay the filing fee when the suit was filed, his request to waive the filing fee is DENIED. The Clerk of Court is DIRECTED to correct the docket to reflect Troy Felton's proper name: Troy D. Felton. Signed by Judge J. Phil Gilbert on 7/22/2019. (jrj)
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| Filing 11 MOTION to Correct Errors, Waive Filing Fee and Dismiss Case by Troy F. Felton. Responses due by 8/12/2019. (jsm2) |
| Filing 10 NOTICE Opting Out of Case by David A. Kifer. (jsm2) |
| Filing 9 MOTION to Withdraw by David A. Kifer. (jsm2) |
| Filing 8 MOTION to Withdraw by Tyler Neal Johnson. (jsm2) |
| Set/Reset Deadlines: Action due by 7/25/2019. (jsm2) |
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Filing 7
IT IS HEREBY ORDERED that Plaintiffs KIFER and JOHNSON shall advise the Court in writing on or before July 25, 2019, whether they wish to continue as a plaintiff in this group action. If, by that deadline, KIFER or JOHNSON advises the Court that he does NOT wish to participate in this action, he will be dismissed from the lawsuit and will not be charged a filing fee. Any plaintiff who simply does not respond to this Order on or before July 25, 2019, will be obligated to pay the filing fee and will also be dismissed from this action for want of prosecution and/or failure to comply with a court order under Federal Rule of Civil Procedure 41(b). IT IS FURTHER ORDERED that the #5 Motion for Emergency Preliminary Injunction is DENIED without prejudice. Signed by Judge J. Phil Gilbert on 6/27/2019. (jrj)
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| Filing 6 SUPPLEMENT by David A. Kifer. Supplement to #1 Complaint. (jsm2) |
| Filing 5 MOTION for Emergency Preliminary Injunction by David A. Kifer. (jsm2) |
| Filing 4 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
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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-662-JPG. 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 J. Phil Gilbert on 6/18/2019. (jsm2)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Troy F. Felton. (jsm2) |
| Filing 1 COMPLAINT against All Defendants, filed by Troy F. Felton.(jsm2) |
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