Holton v. Tharp et al
| Byron Joshua Holton |
| Craig Richert, Tony Court, Steve Larkin, Kristopher Tharp, Blake Sellers, Michael Hare, Lt. Froster, Deputy Sheriffs, Madison County City Jail, Steve Ridings and John Lakin |
| 3:2020cv01136 |
| October 28, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 20, 2024. A more recent docket listing may be available from PACER.
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Filing 12
ORDER DISMISSING as MOOT #10 Motion for Service of Process at Government Expense and #11 Motion for Status. Plaintiff's Amended Complaint filed 11/10/2020 is currently subject to screening under 28 U.S.C. 1915A. If it survives screening, the Court will order service of the lawsuit on the defendants who remain in the action. There is no need to file a motion for service of process at government expense; service is ordered as a matter of course based on the plaintiff's indigent status. Signed by Judge J. Phil Gilbert on 12/16/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 MOTION for status by Byron Joshua Holton. (amv) |
| Filing 10 MOTION for Service of Process at Government Expense by Byron Joshua Holton. (amv) |
| Initial Prisoner Filing Fee: $ 9.33 received, receipt number 34625105209 (amv) |
| Filing 9 AMENDED COMPLAINT against Kristopher Tharp, John Lakin, Steve Ridings, filed by Byron Joshua Holton.(amv) |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (amv) |
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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 $9.33. 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 Madison County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 11/5/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
ORDER DISMISSING #1 Complaint without prejudice for failure to state a claim upon which relief may be granted. Defendant MADISON COUNTY CITY JAIL is DISMISSED with prejudice and ALL OTHER DEFENDANTS are DISMISSED without prejudice because the Complaint fails to state any claim for relief against them. Plaintiff is GRANTED leave to file an Amended Complaint on or before November 30, 2020. Failure to do so according to the instructions set forth in this Order will result in dismissal of the entire case with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. FED. R. CIV. P. 41(b); 28 U.S.C. 1915(e)(2). The dismissal shall also count as one of Plaintiff's three allotted "strikes" under 28 U.S.C. 1915(g). Signed by Judge J. Phil Gilbert on 10/29/2020. (jsy)
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| Set/Reset Deadlines: Amended Complaint due by 11/30/2020. (jaj) |
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 20-1136-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. 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 10/28/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 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 10/28/2020. Consent due by 11/18/2020 (jaj) |
| Filing 3 MOTION for Service of Process at Government Expense by Byron Joshua Holton. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Byron Joshua Holton. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Byron Joshua Holton.(jaj) |
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