Jackson v. Tharp et al
| Ronnie Jackson |
| Kristopher Tharp and Paul Sarhage |
| 3:2021cv01009 |
| August 18, 2021 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 12 CLERK'S JUDGMENT. Approved by Judge Staci M. Yandle on 10/15/2021. (tjk) |
Filing 11
ORDER DISMISSING CASE: Plaintiff was ordered to pay the filing fee on or before October 8, 2021 (Doc. 9). Plaintiff was also warned that his failure to do so would result in the dismissal of this case (Doc. 9). The deadline has passed and the Court has not received payment from Plaintiff. Consequently, this case is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is DIRECTED to enter judgment accordingly. Despite the dismissal of this case, Plaintiff remains obligated to pay the full filing fee. The agency having custody of the plaintiff is directed to remit the $402.00 filing fee from his prison trust fund account if such funds are available. If he does not have $402.00 in his account, the agency must send an initial payment of 20% of the current balance or the average balance during the past six months, whichever amount is higher. Thereafter, the agency shall begin forwarding monthly payments of 20% of the preceding month's income credited to Plaintiff's trust fund account (including all deposits to the inmate account from any source) until the statutory fee of $402.00 is paid in its entirety. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of Court each time the Plaintiff's account exceeds $10.00 until the $402.00 filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at Madison County Jail upon entry of this Order. Signed by Judge Staci M. Yandle on 10/15/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
ORDER: Plaintiff's Motion for Leave to Supplement Complaint (Doc. #6 with Exhibits is GRANTED and the Exhibits will be considered as part of the Complaint. Signed by Judge Staci M. Yandle on 9/22/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #5 ). 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 Jackson's affidavit that he is indigent. Plaintiff's trust fund account balance as of August 10, 2021 was $2,103.91 (Doc. #5 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #5 ). Plaintiff shall pay the $402.00 filing fee no later than October 8, 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 Staci M. Yandle on 9/8/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Filing Fee due on or before 10/8/2021 (kare) |
| Filing 8 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) Modified on 9/3/2021 (kare). |
| Filing 6 MOTION for Leave to File exhibits by Ronnie Jackson. (jaj) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Ronnie Jackson. (jaj) |
| Filing 4 NOTICE FROM CLERK Instructing Jackson 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 Jackson on 8/18/2021. Consent due by 9/8/2021 (tjk) |
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Filing 3
ORDER: On August 18, 2021, this case was severed from Evans v. Tharp, et al, SDIL Case No. 21-cv-905-JPG. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay the $402.00 filing fee in this case ($350.00 if he is granted leave to proceed in forma pauperis). Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until September 22, 2021 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, he should also send the $402.00 filing fee, or a motion and affidavit for leave to proceed to in forma pauperis (along with the required certification and Trust Fund statement). After the fee status is resolved, the Court will screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. (Action due by 9/22/2021). Signed by Judge Staci M. Yandle on 8/18/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 2 COMPLAINT against All Defendants, filed by Ronnie Jackson.(tjk) |
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Filing 1
MEMORANDUM AND ORDER severing case number 21-905-JPG. Signed by Judge J. Phil Gilbert on 8/17/2021. (tjk)
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