Adamczyk v. IDOC et al
| Lawrence Adamczyk |
| Warden Sullivan, IDOC Staff, IDOC and Director of IDOC |
| 3:2019cv01380 |
| December 19, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Mandamus & Other |
| 28 U.S.C. ยง 1361 |
| None |
Docket Report
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| Filing 11 CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 2/11/2020. (anp) |
Filing 10
ORDER DISMISSING CASE without prejudice, DENYING #9 MOTION for Reconsideration. Signed by Chief Judge Nancy J. Rosenstengel on 2/11/2020. (anp)
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| Filing 9 MOTION for Reconsideration re 8 Order Directing Prisoner Payment by Lawrence Adamczyk. (jaj) |
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Filing 8
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $2.14. 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 Big Muddy River Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 1/29/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
| Filing 6 NOTICE FROM CLERK Instructing Adamczyk to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Adamczyk on 1/16/2020. Consent due by 2/6/2020 (tjk) |
| Filing 5 Prisoner Trust Fund Account Statement by Lawrence Adamczyk. (jaj) |
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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. #3 ), 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 6/1/2019 to 12/19/2019 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 Big Muddy River Correctional Center. (Trust Fund Statement due on or before 2/18/2020). Signed by Chief Judge Nancy J. Rosenstengel on 1/2/2020. (tjk)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Lawrence Adamczyk. (jaj) |
| Filing 2 Letter to Plaintiff regarding new case. (Attachments: #1 Motion for IFP). (jsm2) |
| Filing 1 PETITION for Writ of Mandamus filed by Lawrence Adamczyk.(jsm2) |
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