Bentz v. Allsup et al
| David Robert Bentz |
| T. Jones, Elvesizer, T. Brumley, Mr. Spiller, John Doe, Jason Hart, Lashbrook, Andrew Martin, G. Guttersloth, Patricia Stewart, Thomas Lafond, Mr. Chitty, John/Jane Does, Brad Bramlet, Mr. White, John/Jane Doe, Kent Brookman, Mr. Cockrum, Mr. Griffin, Krista Allsup, Miss Walker, Loyd Yankey, William Qualls, Lt John Doe, Mr. Hecht, Frank Evoldie, Miss Marshal, E. Elliett, John Hood, Donald Lindenberg, J. Sparling, Mr. Conway and Mr. Micheales |
| 3:2019cv00770 |
| July 16, 2019 |
| U.S. District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Initial Prisoner Filing Fee: $1.05 received, receipt number 44625011791 (kek) |
| Filing 10 MOTION for Recruitment of Counsel by David Robert Bentz. (jsm2) |
| Filing 9 NOTICE to Court of Not Receiving Documents by David Robert Bentz. (jsm2) |
Filing 8
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #4 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $1.05. 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 Menard Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 8/15/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 Prisoner Trust Fund Account Statement. (tjk) |
| Filing 6 RESPONSE to #5 Order filed by David Robert Bentz. (jsm2) |
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Filing 5
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #4 ), 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 1/1/2019 to 7/16/2019 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 Menard Correctional Center. (Trust Fund Statement due on or before 9/9/2019). Signed by Chief Judge Nancy J. Rosenstengel on 7/24/2019. (tjk)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by David Robert Bentz. (jsm2) |
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Filing 3
ORDER: Plaintiff's request for preliminary injunctive relief contained in his Complaint (Doc. #1 ) is DENIED without prejudice. The remainder of the Complaint will be screened in accordance with 28 U.S.C. 1915A at a later date. Signed by Chief Judge Nancy J. Rosenstengel on 7/17/2019. (bps)
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-cv-770-NJR. Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. 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 7/16/2019. (Attachments: #1 Motion for IFP).(jsm2)
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| Filing 1 COMPLAINT against All Defendants filed by David Robert Bentz.(jsm2) |
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