Doolin v. Unknown Party
| Howard Doolin |
| Unknown Party, C/O Purnell, St. Clair County Jail, C/O Miller, C/O Smith, C/O Johnson, C/O Mosley, C/O Reed and C/O Everett |
| 3:2020cv01123 |
| October 23, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 9
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #7 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $4.93. 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 send a copy of this Order to the Trust Fund Officer at the St. Clair County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 11/16/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Howard Doolin. (jaj) |
| Filing 6 AMENDED COMPLAINT against C/O Everett, C/O Johnson, C/O Miller, C/O Mosley, C/O Purnell, C/O Reed, C/O Smith, St. Clair County Jail, filed by Howard Doolin.(jaj) |
| Filing 5 Prisoner Trust Fund Account Statement by Howard Doolin. (amv) |
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Filing 4
ORDER: This case was opened on October 23, 2020, after the Court received a letter from Plaintiff explaining that he would like to bring a civil rights action pursuant to 42 U.S.C. 1983 against officials at St. Clair County Jail. Plaintiff claims that St. Clair County Jail officials have subjected him to unconstitutional conditions of confinement since January 2020. The letter does not serve as a civil rights complaint because it does not name any defendants, describe what each defendant did to violate the plaintiff's rights, or include a request for relief. However, Plaintiff may pursue his claims in this action by filing a Complaint that: (1) lists this case number (20-1123) on the first page; (2) lists the names of the defendants that Plaintiff intends to sue in the case caption (or identify a defendant as "John Doe 1, John Doe 2, etc." if he does not know a defendant's name); (3) states what each defendant did to violate his rights; and (4) describes his request for relief. If Plaintiff would like court-recruited counsel, he may also use the standard motion to submit his request. Finally, this case cannot proceed unless and until Plaintiff pays the $400 filing fee OR files a properly completed Motion for Leave to Proceed In Forma Pauperis, which is due on or before NOVEMBER 23, 2020. The Clerk's Office is DIRECTED to send Plaintiff a blank Civil Rights Complaint form, Motion for Recruitment of Counsel, and IFP Motion. Plaintiff is WARNED that failure to file a Complaint AND either prepay the $400 filing fee or file a Motion for Leave to Proceed In Forma Pauperis by NOVEMBER 23, 2020, shall result in dismissal of this case without prejudice. Signed by Judge J. Phil Gilbert on 10/26/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 NOTICE FROM CLERK Instructing Plaintiff 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 Plaintiff on 10/23/2020. Consent due by 11/13/2020 (jaj) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 20-1123-JPG. 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 Judge J. Phil Gilbert on 10/23/2020. (jaj)
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| Filing 1 COMPLAINT against Unknown Party filed by Howard Doolin. (Attachments: #1 Envelope)(jaj) |
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