Winston v. Acuff et al
| De'Angelo Don'Virgil Winston |
| Damon Acuff, Randy Kern, Scott Spurlock, Rene Williams, Lt. Adkins and Tracey Parker |
| 3:2021cv01134 |
| September 14, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 14
ORDER DENYING #13 Motion for Order. Plaintiff seeks an Order compelling Defendants to produce certain documents in connection with his claims in this case. However, the complaint has not yet been screened, and Defendants have not been served with this lawsuit or answered. Once they have been served and answer, the Court will enter an Initial Scheduling Order setting forth deadlines and instructions for exchanging information during discovery. Plaintiff's request is DENIED. Signed by Judge J. Phil Gilbert on 10/5/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 13 MOTION for Order by De'Angelo Don'Virgil Winston. (kare) |
|
Filing 12
ORDER GRANTING in part DENYING in part #9 Motion for Order. Plaintiff seeks confirmation of his pro se status and a decision on the pending #2 Motion for Recruitment of Counsel. His request for confirmation of his pro se status is GRANTED. Plaintiff is still pro se. His request for a decision on the pending motion is DENIED. The Court will address Plaintiff's request for court-recruited counsel when it screens the #1 Complaint pursuant to 28 U.S.C. 1915A. Signed by Judge J. Phil Gilbert on 9/28/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 11 Prisoner Trust Fund Account Statement by De'Angelo Don'Virgil Winston. (kare) |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 9 MOTION for Order by De'Angelo Don'Virgil Winston. (kare) |
|
Filing 8
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 $54.17. 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 Pulaski County Detention Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 9/24/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 7 Prisoner Trust Fund Account Statement by De'Angelo Don'Virgil Winston. (kare) |
|
Filing 6
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 trust fund account statement (or institutional equivalent) for the period 7/21/2021 to 9/14/2021 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 Pulaski County Detention Center. (Trust Fund Statement due on or before 11/1/2021). Signed by Judge J. Phil Gilbert on 9/16/2021. (tjk)
|
| Filing 5 NOTICE FROM CLERK Instructing De'Angelo Don'Virgil Winston 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 De'Angelo Don'Virgil Winston on 09/14/2021. Consent due by 10/5/2021 (kare) |
|
Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 21-1134-JPG. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will 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 J. Phil Gilbert on 9/14/2021. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 3 MOTION for Leave to Proceed in forma pauperis by De'Angelo Don'Virgil Winston. (kare) |
| Filing 2 MOTION for Recruitment of Counsel by De'Angelo Don'Virgil Winston. (kare) |
| Filing 1 COMPLAINT against All Defendants filed by De'Angelo Don'Virgil Winston.(kare) (Additional attachment(s) added on 9/14/2021: #1 Exhibit) (kare). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
