Ferguson v. Alton City Jail et al
| Brandon L. Ferguson |
| John Franke, Alton City Jail, Michael Phillips, Josh Bold, Kim Dunn and Jarred Ford |
| 3:2019cv01256 |
| November 15, 2019 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 17 Mail Returned as Undeliverable. Doc. 13 to Brandon L. Ferguson at Alton Law Enforcement Center was returned as "Not at this address." Document 13 resent to Brandon L. Ferguson at Leavenworth USP. (kls3) |
Filing 16
ORDER: The 13 Order to Show Cause is deemed SATISFIED by Plaintiff's #15 Notice of Change of Address. Plaintiff is reminded of his continuing obligation to provide the Court and all parties with his updated address within seven (7) days of any address change and that failure to do so may result in dismissal of the case. Fed. R. Civ. P. 41(b). Signed by Judge J. Phil Gilbert on 1/9/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 NOTICE of Change of Address by Brandon L. Ferguson. (jsm2) |
| Filing 14 Mail Returned as Undeliverable. Document 11 sent to Brandon L. Ferguson. (jaj) |
| Set/Reset Deadlines: Show Cause Response due by 1/2/2020. (jsm2) |
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Filing 13
ORDER TO SHOW CAUSE: Plaintiff was advised that he is under a continuing obligation to keep the Clerk of Court informed of any change in his address and that failure to comply could result in dismissal of this action for want of prosecution. (Doc. 4) (stating "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."). Documents mailed to Plaintiff by the Court were returned as undeliverable because Plaintiff is no longer at the address on file with the Court. (See Doc. 10). He has not updated his address. Plaintiff is hereby ORDERED to SHOW CAUSE on or before JANUARY 2, 2020, why this case should not be dismissed as a whole for failure to comply with a court order and to prosecute his claims. Plaintiff's failure to respond to this Order will result in dismissal of the case pursuant to Fed. R. Civ. P. 41(b). The Clerk is DIRECTED to transmit a copy of this Order to Plaintiff. Signed by Judge J. Phil Gilbert on 12/18/2019. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 Mail Returned as Undeliverable (Doc. 10). Mail sent to Brandon L. Ferguson (jsm2) |
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Filing 11
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Plaintiff has been without funds for six months, he is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee. Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. 1915(b)(4). 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 Alton Law Enforcement Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 12/4/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 Notice of Declination to Consent: A party to this action has declined to consent to magistrate judge jurisdiction. Accordingly, pursuant to Administrative Order 257, this case shall REMAIN with District Judge J. Phil Gilbert. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
| Filing 8 Prisoner Trust Fund Account Statement by Brandon L. Ferguson. (tjk) |
| Filing 7 Prisoner Trust Fund Account Statement. (tjk) |
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Filing 6
ORDER: Pursuant to Administrative Order 257, this case has not been selected for potential reassignment to a Magistrate Judge. Accordingly, this case will REMAIN with Judge J. Phil Gilbert. Should the parties elect to consent to have the Magistrate Judge conduct all proceedings in this matter, the Notice and Consent to Proceed Before a Magistrate Judge form shall be filed within 14 days of this Order or before the deadline for filing dispositive motions, whichever is later. Consents filed after this deadline may not be accepted by the District Judge. Signed by Judge J. Phil Gilbert on 11/22/2019. (Attachments: #1 Administrative Order)(kdw)
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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. #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 5/1/2019 to 11/15/2019 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 Alton Law Enforcement Center. (Trust Fund Statement due on or before 1/6/2020). Signed by Judge J. Phil Gilbert on 11/21/2019. (tjk)
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Filing 4
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-1256-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 11/15/2019. (jsm2)
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| Filing 3 MOTION for Recruitment of Counsel by Brandon L. Ferguson. (jsm2) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Brandon L. Ferguson. (jsm2) |
| Filing 1 COMPLAINT against All Defendants filed by Brandon L. Ferguson.(jsm2) |
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