Atkins v. Gilbert et al
| Ahamad R Atkins |
| Rodney H. Holmes, Judith A Kuenneke, Stephanie K Rennegarbe, Eugene O Howard, United States of America, J. Phil Gilbert, Amanda A Robertson, Philip M Frazier and USA |
| 3:2021cv00489 |
| May 17, 2021 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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Filing 10
ORDER denying #9 Motion for Reconsideration. On June 3, 2021, the Court denied Plaintiff's motion for leave to proceed in forma pauperis because Plaintiff's trust fund account balance exceeded the filing fee due in this action by approximately $70.00. By motion dated June 14, 2021, Plaintiff asks the Court to reconsider its order denying his request to proceed in forma pauperis. Plaintiff's motion mentions a recent $50.00 payment, but he does not attach an updated trust fund account statement to demonstrate his inability to pay the filing fee. Further, even if his balance has been reduced by $50.00, Plaintiff still has a sufficient balance available to pay the filing fee in this action. For all these reasons, the motion for reconsideration is DENIED. The filing fee remains due by July 6, 2021. Failure to comply with this Order will result in dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). Signed by Judge David W. Dugan on 6/15/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Action due by 7/6/2021, per Order at Doc. 10. (kls3) |
| Filing 9 MOTION for Reconsideration re 8 Order on Motion for Leave to Proceed in forma pauperis,,,, by Ahamad R Atkins. (kare) |
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Filing 8
ORDER denying #7 Motion for Leave to Proceed in forma pauperis. A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from Atkins's affidavit that he is indigent. Plaintiff's trust fund account balance as of May 11, 2021, was $472.74, demonstrating that Plaintiff has sufficient funds to pay the filing fee. Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis. Plaintiff shall pay the $402.00 filing fee no later than July 6, 2021. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). 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).Signed by Judge David W. Dugan on 6/3/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Ahamad R Atkins. (jaj) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 5 NOTICE FROM CLERK Instructing Ahamad R Atkins 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. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Ahamad R Atkins on 5/18/21. Consent due by 6/8/2021 (ack) |
| Filing 4 Letter to Ahamad R. Atkins regarding payment status. (ack) |
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Filing 3
ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Judge David W. Dugan for all further proceedings. Signed by Judge J. Phil Gilbert on 5/17/2021. (jdh)
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| Filing 2 COMPLAINT against All Defendants, filed by Ahamad R Atkins. (Attachments: #1 Envelope)(ack) |
| Filing 1 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 21-489-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (ack) |
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