Due v. USA et al
| Randall David Due |
| USA, Staci M. Yandle, Eric Williams, Associate Warden Cheeks, Associate Warden Santiago, E. Gore, Lt. Phillips, Matthew R. Hoffman, Brian D. Bailey, Robert T. Dawson, Joseph F. Bataillon, Laurie Smith Camp, Thomas D. Talken, John M. Gerrard, F. A. Gossett, Richard G. Koph, Denise M. Lucks, Michael E. Gans, Lavenski R. Smith, James B. Loken, John R. Tunheim, Daniel Hovland, D. Price Marshall, Stephanie Rose and Robert F. Rossiter, Jr. |
| 3:2021cv01074 |
| August 30, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on October 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 11
ORDER DIRECTING PRISONER PAYMENT: Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $3.62. 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 Greenville FCI upon entry of this Order. Signed by Judge J. Phil Gilbert on 10/26/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 CLERK'S JUDGMENT in favor of USA, Associate Warden Cheeks, Associate Warden Santiago, Brian D. Bailey, D. Price Marshall, Daniel Hovland, Denise M. Lucks, E. Gore, Eric Williams, F. A. Gossett, James B. Loken, John M. Gerrard, John R. Tunheim, Joseph F. Bataillon, Laurie Smith Camp, Lavenski R. Smith, Lt. Phillips, Matthew R. Hoffman, Michael E. Gans, Richard G. Koph, Robert F. Rossiter, Jr, Robert T. Dawson, Staci M. Yandle, Stephanie Rose, Thomas D. Talken against Randall David Due. Approved by Judge J. Phil Gilbert on 10/25/2021. (tjk) |
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Filing 9
ORDER DISMISSING CASE for lack of subject matter jurisdiction; GRANTING #7 Motion for Leave to Proceed in forma pauperis filed by Randall David Due. Signed by Judge J. Phil Gilbert on 10/25/2021. (jsy)
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| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Randall David Due. (kare) |
| Filing 6 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge J. Phil Gilbert. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kare) |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 4 NOTICE: Randall David Due was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Randall David Due shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 9/27/2021 (kare) |
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Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 21-1074-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 8/30/2021. (jaj)
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| Filing 2 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 8/30/2021. Consent due by 9/20/2021 (jaj) |
| Filing 1 Hazel-Atlas Motion against All Defendants filed by Randall David Due.(jaj) |
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