Dixon v. Baldwin et al
| Marcus T. Dixon |
| C/O Korte, Jacqueline Lashbrook, Amy Lang, John Baldwin, John Doe, Lt. Stock, Jose Delgado, Lt. Robinson and C/O Rucker |
| 3:2019cv00825 |
| July 30, 2019 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 7
ORDER: The Court has received your payment of the filing fee. Now 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. 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 Staci M. Yandle on 8/23/2019. (tjk)
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| Filing fee: $ 400.00, receipt number 34625095413 (amv) |
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Filing 6
ORDER DENYING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #5 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from Dixon's affidavit that he is indigent. Plaintiff's trust fund account balance as of June 28, 2019 was $729.59 (Doc. #5 ). Plaintiff lists no monthly expenses. Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #5 ). Plaintiff shall pay the $400.00 filing fee no later than 30 DAYS (September 6, 2019). 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). 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). Plaintiff's first Motion to Proceed IFP (Doc. #2 ) is DENIED as moot. Signed by Judge Staci M. Yandle on 8/7/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Marcus T. Dixon. (jaj) |
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Filing 4
ORDER: On July 30, 2019, Plaintiff filed this action, along with an unsigned motion for leave to proceed in forma pauperis ("IFP") (Doc. #2 ). Rule 11(a) of the Federal Rules of Civil Procedure requires that "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." To proceed with this action, Plaintiff is ORDERED to submit a properly signed Motion for Leave to Proceed in forma pauperis on or before August 16, 2019. Failure to comply with this order shall result in the striking of Plaintiff's IFP Motion and denial of IFP. See Fed. R. Civ. P. 41(b). To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to return a copy of the IFP Motion to Plaintiff along with this Order. (Action due by 8/16/2019). Signed by Judge Staci M. Yandle on 8/2/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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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 19-825-SMY. 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 Staci M. Yandle on 7/30/2019. (jaj)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Marcus T. Dixon. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Marcus T. Dixon.(jaj) |
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