McIntosh v. Rich
| Dallas McIntosh |
| Bret M. Rich |
| 3:2022cv00177 |
| January 28, 2022 |
| U.S. District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 12 Initial Prisoner Filing Fee: $60.70 received, receipt number 34625111929 (jlh) |
Filing 11
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 $60.70. 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 Lawrence Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 3/1/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 Prisoner Trust Fund Account Statement. (jaj) |
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Filing 9
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/her trust fund account statement (or institutional equivalent) for the period 7/1/2021 to 1/28/2022 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 Lawrence Correctional Center. (Trust Fund Statement due on or before 3/28/2022). Signed by Judge Stephen P. McGlynn on 2/9/2022. (tjk)
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Filing 8
NOTICE AND ORDER: The Court is in receipt of a letter from plaintiff Dallas McIntosh. At this time, plaintiff does not need to worry about service as the Court is reviewing the Motion #3 for Leave to Proceed In Forma Pauperis. Once that matter is completed, the Court will advise McIntosh of the next steps in this process. Signed by Judge Stephen P. McGlynn on 2/9/2022. (jce)
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| Filing 7 Letter from Plaintiff McIntosh regarding service (amv) |
| Filing 6 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (amv)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. (amv) |
| Filing 4 NOTICE FROM CLERK Instructing Plaintiff McIntosh 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. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff McIntosh on 1/28/22. Consent due by 2/18/2022 (amv) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Dallas McIntosh. (amv) |
| Filing 2 COMPLAINT against Bret M. Rich, filed by Dallas McIntosh.(amv) |
| Filing 1 Notice of Judge Assignment. Judge Stephen P. McGlynn assigned. All future documents must bear case number 22-177-SPM. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (amv) |
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| Plaintiff: Dallas McIntosh | |
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| Defendant: Bret M. Rich | |
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