Bilal et al v. Lawrence Correctional Center et al
| Tariq K. Bilal and Carlos H. Garcia |
| Lawrence Correctional Center and Samer Hernandez |
| 3:2019cv00687 |
| June 26, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
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Filing 12
ORDER: Plaintiff Garcia has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Docs. #2 , #3 , and #9 ), 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 Garcia 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 12/1/2018 to 6/1/2019 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 Pontiac Correctional Center. (Trust Fund Statement due on or before 10/7/2019). Signed by Chief Judge Nancy J. Rosenstengel on 8/23/2019. (tjk)
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| Set/Reset Deadlines: Action due by 9/4/2019. (jsm2) |
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Filing 11
ORDER DISMISSING #1 the Complaint without prejudice for failure to state a claim upon which relief may be granted, Denying 10 MOTION for Recruitment of Counsel filed by Tariq K. Bilal, Carlos H. Garcia. Plaintiff BILAL's Motions for Leave to Proceed in forma pauperis (Docs. #3 and #9 ) are DENIED without prejudice. Should Plaintiff BILAL wish to proceed any further with this action, Plaintiff BILAL must file a Renewed Motion for Leave to Proceed in forma pauperis or prepay the full $400.00 filing fee for this action on or before September 4, 2019. Plaintiff GARCIA's requests to proceed in forma pauperis as specified in Motions for Leave to Proceed in forma pauperis (Docs. #2 , #3 , and #9 ) will be addressed in a separate order. Plaintiffs are GRANTED leave to file a "First Amended Complaint" on or before September 25, 2019. Should Plaintiffs fail to file a First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the entire case shall be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute their claims. FED. R. CIV. P. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994); 28 U.S.C. 1915(e)(2). The dismissal shall also count as one of Plaintiff GARCIA's three allotted strikes under 28 U.S.C. 1915(g). To enable Plaintiffs to comply with this Order, the CLERK is DIRECTED to mail Plaintiffs a blank civil rights complaint form. (Amended Pleadings due by 9/25/2019.). Signed by Chief Judge Nancy J. Rosenstengel on 8/21/2019. (jrj)
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| Filing 10 MOTION for Recruitment of Counsel by Tariq K. Bilal, Carlos H. Garcia. See document #9 . (jaj) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Tariq K. Bilal, Carlos H. Garcia. (jaj) |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 7 RESPONSE to #6 Order filed by Tariq K. Bilal. (jaj) |
| Action due by 8/16/2019. (jaj) |
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Filing 6
IT IS HEREBY ORDERED that Plaintiff BILAL shall advise the Court in writing on or before August 16, 2019, whether he wishes to continue as a plaintiff in this group action. If, by that deadline, BILAL has not advised the Court that he wishes to participate in this action, he will be dismissed from the lawsuit and will not be charged a filing fee. BILAL need only take action if he wishes to continue as a plaintiff in this group action or pursue his claims individually in a separate lawsuit. Signed by Chief Judge Nancy J. Rosenstengel on 7/17/2019. (jrj)
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Filing 5
NOTICE AND ORDER: Tariq K. Bilal, the Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-687-NJR. 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. 1915(e)(2). 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 Chief Judge Nancy J. Rosenstengel on 6/27/2019. (jaj)
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Filing 4
NOTICE AND ORDER: Carlos H. Garcia, the Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-687-NJR. 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 Chief Judge Nancy J. Rosenstengel on 6/27/2019. (jaj)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Tariq K. Bilal, Carlos H. Garcia. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Carlos H. Garcia. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Carlos H. Garcia, Tariq K. Bilal.(jaj) |
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