Miller v. USA
| Carlton Miller |
| USA |
| 3:2021cv01043 |
| August 23, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. ยง 1346 |
| None |
Docket Report
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This docket was last retrieved on October 20, 2021. A more recent docket listing may be available from PACER.
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Filing 11
ORDER DENYING #10 Motion to Rescind Order to Pay Filing Fee and Grant Voluntary Retraction of Suit re: #8 Order Dismissing Case. Plaintiff asks this Court to vacate the Order Dismissing Case (Doc. 8) and Judgment (Doc. 9), and allow him to voluntarily dismiss the case without any filing fee obligation. When his Motion for Leave to Proceed in forma pauperis was denied and the Court ordered him to pay the full filing fee of $402.00, Plaintiff was under the impression that he could simply ignore the Court's Order and avoid his filing fee obligation. That is not so. Plaintiff should refer to the language in the Order Dismissing Case, itself, which states: "Plaintiff's obligation to pay the filing fee for this action was incurred at the time the action was filed, thus the filing fee of $402.00 remains due and payable." (Doc. 8, pp. 1-2) (citing 28 U.S.C. 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998)). The motion is DENIED. Signed by Judge J. Phil Gilbert on 10/19/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 MOTION to Rescind Order to Pay Filing Fee and Grant Voluntary Retraction of Suit re #8 Order Dismissing Case by Carlton Miller. (jaj) |
| Filing 9 CLERK'S JUDGMENT in favor of USA against Carlton Miller. Approved by Judge J. Phil Gilbert on 10/1/2021. (tjk) |
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Filing 8
ORDER DISMISSING CASE. Signed by Judge J. Phil Gilbert on 10/1/2021. (jsy)
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| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 6
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #2 ). 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 Miller's affidavit that he is indigent. Plaintiff's trust fund account balance as of July 27, 2021 was $465.58 (Doc. #2 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Plaintiff shall pay the $402.00 filing fee no later than September 23, 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 J. Phil Gilbert on 8/24/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 NOTICE OF MODIFICATION re #2 Motion for Leave to Proceed in forma pauperis filed by Carlton Miller. Document is a Trust Fund Statement but per direction of the PSLC, it has been changed to a Motion to Proceed in Forma Pauperis. No further action is required by the filer in relation to this notification. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 4
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 21-1043-JPG. Within 30 days of the entry of this Order, you are ORDERED to submit the $402.00 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 8/23/2021. (jaj)
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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 8/23/2021. Consent due by 9/13/2021 (jaj) |
| Filing 2 MOTION for Leave to Proceed In Forma Pauperis by Carlton Miller. (jaj) Modified on 8/24/2021 (jaj). |
| Filing 1 COMPLAINT against USA filed by Carlton Miller.(jaj) |
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| Plaintiff: Carlton Miller | |
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| Defendant: USA | |
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