Rayborn v. USP Marion et al
| Chesaray Rayborn |
| USP Marion and FBOP |
| 3:2021cv01200 |
| September 30, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 15 Initial Prisoner Filing Fee: $ 402.00 received, receipt number 44625014291. (kdw) |
Filing 14
ORDER DENYING Plaintiff's Motion to Proceed with Partial Payment and/or Payment Plan (Doc. #13 ) per the Court's Order at Doc. 12. Signed by Judge J. Phil Gilbert on 11/10/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 MOTION To Proceed With Partial Payment and/or Payment Plan by Chesaray Rayborn. (kare) |
| Set/Reset Deadlines: Filing Fee due on or before 12/1/2021 (kare) |
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Filing 12
ORDER DENYING Plaintiff's Motion for Reconsideration of in forma pauperis ("IFP") Status (Doc. #11 ). In his Motion, Plaintiff states that he cannot pay the "exorbitant costs and fees" and requests to either proceed IFP or to pay a partial filing fee and payments based on what he can "reasonably afford." Presumably to support his Motion, Plaintiff filed an updated prison trust fund account statement on October 22, 2021, showing an inmate account balance of $496.42 (Doc. 10). Plaintiff also argues that he needs his money to "survive" in prison, to pay medical expenses, and to support his wife and four children (Doc. #11 ). Notably, Plaintiff swore under penalty of perjury in his IFP Motion that he does not have any dependents that rely on him for support (Doc. 2, p. 3). At any rate, Plaintiff's Motion must be denied. A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). When determining IFP status, the relevant inquiry is the state of the inmate's finances at the time of filing. Miller v. Hardy, 497 F. Appx. 618, 620 (7th Cir. 2012). On September 30, 2021, the date of the filing of this case, Plaintiff had $498.92 in his trust fund account, which is sufficient to pay the filing fee for this case (Doc. #6 ). Further, Plaintiff had $1,593.17 in deposits to his account during the three month period immediately preceding the filing of this case (Doc. #6 ). The fact that Plaintiff simply does not want to spend the $402.00 to file this case is not enough to grant him IFP status. Plaintiff's Motion to Reconsider (Doc. #11 ) is DENIED. Plaintiff remains obligated to pay the $402.00 filing fee for this case. He shall pay the fee no later than December 1, 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 11/1/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 MOTION for Reconsideration re 7 Order on Motion for Leave to Proceed in forma pauperis,,, by Chesaray Rayborn. (kare) |
| Filing 10 Prisoner Trust Fund Account Statement by Chesaray Rayborn. (kare) |
| Filing 9 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 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Set/Reset Deadlines: Filing fee due by 11/15/2021. (jaj) |
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Filing 7
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. Section 1915(a)(1). The Court is not satisfied from Rayborn's affidavit that he is indigent. Plaintiff's trust fund account balance as of September 30, 2021 was $498.92 (Doc. #6 ). 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 November 15, 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 10/14/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 Prisoner Trust Fund Account Statement. (kare) |
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Filing 5
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), 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 3/1/2021 to 9/30/2021 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 Marion United States Penitentiary. (Trust Fund Statement due on or before 11/18/2021). Signed by Judge J. Phil Gilbert on 10/4/2021. (tjk)
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| Filing 4 NOTICE FROM CLERK Instructing Chesaray Rayborn 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 Chesaray Rayborn on 09/30/2021. Consent due by 10/21/2021 (kare) |
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Filing 3
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 21-1200-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 9/30/2021. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Chesaray Rayborn. (kare) |
| Filing 1 COMPLAINT against All Defendants filed by Chesaray Rayborn.(kare) |
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