Townsend v. Seberger et al
| Robert Townsend |
| Sarah Seberger, Tanner Jacobs and Anthony Wright |
| 3:2022cv00686 |
| April 8, 2022 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 Prisoner Trust Fund Account Statement. (kare) |
| Filing 14 MOTION for Miscellaneous Relief by Robert Townsend. (kare) |
| Filing 13 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
Filing 12
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #6 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $66.34. 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 Sangamon County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 5/24/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 Prisoner Trust Fund Account Statement. (kare) |
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Filing 10
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Townsend was previously directed to file the attached form indicating consent to proceed before the Magistrate Judge or an affirmative declination to consent. The time for doing so has long passed, and in spite of a warning and additional time to do so, said party continues to ignore the Court's directive by not returning the form. Thus, Townsend is ordered to SHOW CAUSE why sanctions should not be imposed for failure to file the attached form as is required under Administrative Order No. 257. Show Cause Response re Consent due by 5/31/2022. Signed by Judge J. Phil Gilbert on 5/16/2022. (tjk)
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Filing 9
ORDER: Plaintiff Robert Townsend commenced this action by filing a #1 Complaint without prepaying the $402 filing fee or submitting a motion for leave to proceed in forma pauperis (IFP motion). The Complaint was dismissed without prejudice for non-compliance with Federal Rule of Civil Procedure 8 and 10 and for failure to state a claim under 28 U.S.C. 1915A. (See Doc. 4). Townsend has since filed a #7 First Amended Complaint and a #6 Motion for Leave to Proceed in forma pauperis without a certified copy of his Trust Fund Account Statement covering the six-month time period preceding this action. He has been ordered to file a certified trust fund statement on or before June 23, 2022. (Doc. 8). The Court hereby DEFERS preliminary review of the First Amended Complaint until after Townsend's IFP motion is granted or his filing fee is paid in full. Townsend is again WARNED that failure to comply with the Court's Order at Doc. 8 to provide this documentation on or before June 23, 2022 shall result in the dismissal of this action. Fed. R. Civ. P. 41(b). Signed by Judge J. Phil Gilbert on 5/12/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #6 ), 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 10/1/2021 to 4/8/2022 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 Sangamon County Jail. (Trust Fund Statement due on or before 6/23/2022). Signed by Judge J. Phil Gilbert on 5/9/2022. (tjk)
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| Filing 7 AMENDED COMPLAINT against All Defendants filed by Robert Townsend.(jaj) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Robert Townsend. (jaj) |
| Filing 5 NOTICE: Robert Townsend 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, Robert Townsend shall return the form within 7 days or face possible sanctions. Consent due by 5/6/2022 (kare) |
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Filing 4
Order DISMISSING #1 Complaint for non-compliance with Fed. R. Civ. P. 8 and 10 and for failure to state a claim under 28 U.S.C. 1915A. This case was opened upon receipt of a handwritten document from Robert Townsend, entitled "Application of Formal Complaint." (Doc. 1). The document is addressed to the Clerk of Courts. It contains no case caption, no plaintiff, no defendants, no statement of claim, and no request for relief. (Id.). Moreover, the document was unaccompanied by the $402 filing and docketing fee for a civil action or motion for leave to proceed in forma pauperis (IFP motion) without prepayment of this full fee. It is unclear whether Townsend intends the letter to serve as a complaint or not. Regardless, the Court cannot screen the document as a proper complaint. Rule 10 requires "[e]very pleading [to] have a caption with the court's name, a title, a file number, and a Rule 7(a) designation." Rules 8(a)(2) and (3) require Townsend to include a "short and plain statement of the claim" against each defendant and "a demand for the relief sought." The document submitted by Townsend violates both rules, fails to state a claim, and is DISMISSED without prejudice. If Townsend did not intend to bring this action, he should immediately file a motion for voluntary dismissal of it, and the Court will close this case and deem his filing fee obligation satisfied. However, if Townsend intends to proceed, he is ORDERED to submit a properly prepared and signed First Amended Complaint, along with a $402 filing fee or IFP motion, on or before MAY 9, 2022. He is WARNED that failure to respond to this order by the deadline shall result in dismissal of this action without prejudice and with the surviving obligation to pay the filing fee for it. The Clerk is DIRECTED to mail Townsend a blank civil rights complaint form, along with another blank IFP motion. Signed by Judge J. Phil Gilbert on 4/18/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 NOTICE FROM CLERK Instructing Robert Townsend 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 Robert Townsend on 04/08/2022. Consent due by 4/29/2022 (kare) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 22-686-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 4/8/2022. (kare)
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| Filing 1 COMPLAINT against All Defendants filed by Robert Townsend.(kare) |
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