Pemberton v. USP Marion et al
| Devin A. Pemberton |
| USP Marion, FBOP and Warden Sprout |
| 3:2021cv01458 |
| November 19, 2021 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.
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Filing 11
ORDER: Plaintiff is ORDERED to provide the Court with $402.00 filing fee for this case on or before January 26, 2022. Failure to comply with this Order will result in dismissal of this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). (Action due by 1/26/2022). Signed by Judge David W. Dugan on 1/11/2022. (tjk)
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| Set/Reset Deadlines: Filing Fee due on or before 1/3/2022 (kare) |
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Filing 10
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #7 ). 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 Pemberton's affidavit that he is indigent. Plaintiff's trust fund account balance as of November 6, 2021 was $4,539.02 (Doc. #7 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #7 ). Plaintiff shall pay the $402.00 filing fee no later than January 3, 2022. 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 David W. Dugan on 12/1/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 SUPPLEMENT by Devin A. Pemberton. Supplement to #8 Amended Complaint. (kare) |
| Filing 8 AMENDED COMPLAINT against All Defendants filed by Devin A. Pemberton.(kare) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Devin A. Pemberton. (kare) |
| Filing 6 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge David W. Dugan. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Amended Complaint due by 12/22/2021. (jaj) |
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Filing 4
ORDER DISMISSING #1 Complaint without prejudice. Pemberton is GRANTED leave to file a First Amended Complaint on or before December 22, 2021. Failure to do so shall result in dismissal of this action with prejudice and a strike. See FED. R. CIV. P. 41(b); 28 U.S.C. 1915(g). The CLERK is DIRECTED to mail Pemberton a blank civil rights complaint form for use in preparing a First Amended Complaint. Signed by Judge David W. Dugan on 11/22/2021. (jsy)
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| Filing 3 NOTICE FROM CLERK Instructing Devin A. Pemberton 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 Devin A. Pemberton on 11/19/2021. Consent due by 12/10/2021 (kare) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 21-1458-DWD. 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 David W. Dugan on 11/19/2021. (kare)
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| Filing 1 COMPLAINT against All Defendants filed by Devin A. Pemberton.(kare) |
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