Adams v. Ashmore
| Robert C Adams |
| Joshua Ashmore |
| 3:2021cv00817 |
| July 16, 2021 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.
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Filing 18
ORDER granting #17 Motion for Status. Plaintiff's Complaint is still awaiting review by the Court pursuant to 28 U.S.C. 1915A. When conducting this review and determining whether Plaintiff has any cognizable claims, the Court solely relies on the allegations in the Complaint and does not hold a hearing. A hearing has not been held and is not scheduled in this case. Once the merit review of the Complaint is completed, Plaintiff will be provided with a copy of the Court's order. Signed by Judge Stephen P. McGlynn on 9/13/2021. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MOTION for status by Robert C Adams. (jaj) |
| Filing 16 Initial Prisoner Filing Fee: $ 82.49 received, receipt number 34625109364 (amv) |
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Filing 15
Order: The #12 Motion for Status is granted. This case was transferred from the Central District of Illinois on July 15, 2021. It is currently under preliminary review pursuant to 28 U.S.C. 1915A. Once review is complete, Plaintiff will be provided with a copy of the Court's screening order. Plaintiff has also filed a motion seeking an extension of time and appointment of an attorney. There are no deadlines currently in this case, and Plaintiff's #4 motion for attorney representation is still pending. The #13 Motion of Request is DENIED as moot. The #14 Motion for Leave to Proceed in forma pauperis (IFP) filed on July 30, 2021, is also DENIED as moot. The Court previously granted Plaintiff IFP status and assessed an initial partial filing fee of $82.49. (See Doc. 10). Signed by Judge Stephen P. McGlynn on 8/9/2021. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 MOTION for Leave to Proceed in forma pauperis by Robert C Adams. (jaj) |
| Filing 13 MOTION for Extension of Time and MOTION for Appointment of Counsel by Robert C Adams. (jaj) |
| Filing 12 MOTION for status by Robert C Adams. (jaj) |
| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 10
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 $82.49. 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 Western Illinois Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 7/21/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 Prisoner Trust Fund Account Statement. (jaj) |
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Filing 8
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 1/1/2021 to 7/15/2021 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 Western Illinois Correctional Center. (Trust Fund Statement due on or before 9/2/2021). Signed by Judge Stephen P. McGlynn on 7/19/2021. (tjk)
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Filing 7
This Court has received your complaint (and your motion to proceed without prepayment of the filing fee) from the Central District of Illinois, previously assigned case number: 21-3162. Your new case number is 21-817-SPM. The Court will now 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 Stephen P. McGlynn on 7/16/2021. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 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 7/16/2021. Consent due by 8/6/2021 (jaj) |
| Filing 5 Case transferred in from District of Illinois Central; Case Number 3:21-cv-03162. Original file certified copy of transfer order and docket sheet received. |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. Effective immediately, all documents should be mailed or scanned to the Peoria Division, 100 NE Monroe Street, Peoria, IL 61602. Merit Review Deadline set for 8/5/2021. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) [Transferred from Illinois Central on 7/16/2021.] |
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ORDER entered by Judge James E. Shadid on 7/16/2021. The Plaintiff, a state prisoner, has submitted a civil rights complaint pursuant to 42 U.S.C. 1983. Such actions may be brought only in (1) the judicial district where any defendant resides (if all defendants reside in the same State), (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. See 28 U.S.C. 1391(b). The Plaintiff's claims involve a Defendant and events at Shawnee Correctional Center in Johnson County, Illinois, which is situated in the federal judicial district for the Southern District of Illinois. Therefore, the Court finds venue over this proceeding lies in the Southern District of Illinois, and it is in the interests of justice that this cause be transferred there. See 28 U.S.C. 1404(a). (SAG) [Transferred from Illinois Central on 7/16/2021.]
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| Filing 4 MOTION to Request Counsel by Plaintiff Robert C Adams. Responses due by 7/29/2021 (SAG) [Transferred from Illinois Central on 7/16/2021.] |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Robert C Adams.(SAG) [Transferred from Illinois Central on 7/16/2021.] |
| Filing 1 COMPLAINT against Joshua Ashmore, filed by Robert C Adams.(SAG) [Transferred from Illinois Central on 7/16/2021.] |
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| Plaintiff: Robert C Adams | |
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| Defendant: Joshua Ashmore | |
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