Weston v. Baldwin et al
| Travis Weston and Nafiabdul Basir |
| Jacqueline Lashbrook, Lloyd Hanna, John Baldwin, Howard Harner, Frank Lawrence and James Claycomb |
| 3:2019cv01020 |
| September 18, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 15
OBJECTION to the Chief Judge's Constant Inclination to Rephrase Assertions in Plaintiff's Pleadings by Travis Weston. (jsm2)
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Set Deadlines: Motion for Preliminary Injunction due by 11/28/2019. (kek)
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Filing 14
ORDER DENYING #11 Motion for copy of local rules. Plaintiff filed a motion asking the Court to provide him with a copy of the local rules. He states this Court's local rules are not available at the Menard law library or on the Court's website. The local rules are available on the Court's website https://www.ilsd.uscourts.gov and can be found under the Rules & Forms section. The motion is, therefore, denied. Signed by Chief Judge Nancy J. Rosenstengel on 10/10/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
ORDER granting #12 Motion for Extension of Time to File. If Plaintiff wishes to pursue the request for preliminary injunction included in his Complaint, he must file a separate motion for preliminary injunction by November 28, 2019. Failure to do so will result in denial of the request without prejudice. Signed by Chief Judge Nancy J. Rosenstengel on 10/10/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
MOTION for Extension of Time to File Amended Request for Preliminary Injunction by Travis Weston. (jsm2)
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Filing 11
MOTION for Copy/Production of Local Rules by Travis Weston. (jsm2)
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Initial Prisoner Filing Fee: $ 19.89 received, receipt number 44625011903 (kdw)
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Filing 10
ORDER DENYING Plaintiff's Motion to Stay Distribution of Partial Filing Fee and Installment Payments Until Final Resolution of this Action (Doc. #8 ). The filing fee is due at the time of filing. Plaintiff's Motion to Proceed IFP (Doc. #2 ) was granted on September 24, 2019, and payments were ordered to be collected under the structure delineated in the PLRA (Doc. 7). See 28 U.S.C. Section 1915(b)(1). Signed by Chief Judge Nancy J. Rosenstengel on 10/3/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
Prisoner Trust Fund Account Statement by Travis Weston re: #4 . (jaj)
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Filing 8
MOTION to Stay Distribution of Partial Filing Fee and Installment Payments from Prisoner Trust Account Until Final Resolution of this Action Before the District Court re 7 Order Directing Prisoner Payment by Travis Weston. (jaj)
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $19.89. 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 9/24/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
Prisoner Trust Fund Account Statement. (jaj)
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Amended Motion for Preliminary Injunction due by 10/21/2019. (jaj)
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Filing 5
ORDER re #1 Complaint. In the claim Plaintiff designates as Count 3 of his Complaint, he seeks a preliminary injunction prohibiting defendants and their employees from engaging in retaliatory conduct and ordering defendants to provide him with a kosher diet. (Doc. 1, p. 26). Plaintiff did not file a separate motion under Federal Rule of Civil Procedure 65(a) in support of the request, however, and he did not set forth the reasons he is entitled to preliminary injunctive relief. If Plaintiff wishes to pursue the request, he must file a separate motion for preliminary injunction by October 21, 2019. Failure to do so will result in denial of the request without prejudice. Signed by Chief Judge Nancy J. Rosenstengel on 9/19/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), 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 3/1/2019 to 9/18/2019 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 11/4/2019). Signed by Chief Judge Nancy J. Rosenstengel on 9/19/2019. (tjk)
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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-1020-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 9/18/2019. (jsm2)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Travis Weston. (jsm2)
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Filing 1
COMPLAINT against All Defendants filed by Travis Weston.(jsm2)
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