Garrard v. Garden et al
| Timothy L Garrard |
| Andy Garden, Troy Reed, Jane Doe and John Doe |
| 3:2022cv02236 |
| October 7, 2022 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
Docket Report
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This docket was last retrieved on November 18, 2022. A more recent docket listing may be available from PACER.
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Filing 9
Dismissal Order. Signed by Judge J. Phil Gilbert on 11/18/2022. (jsy)
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| Filing 8 CLERK'S JUDGMENT in favor of Andy Garden, Jane Doe, John Doe, Troy Reed against Timothy L Garrard. Approved by Judge J. Phil Gilbert on 11/18/2022. (tjk) |
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #6 ). Plaintiff has been without funds for six months, he is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee. Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. 1915(b)(4). 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 mail a copy of this Order to the Trust Fund Officer at the Marion County Law Enforcement Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 10/20/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Timothy L Garrard. (kare) |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Set/Reset Deadlines: Filing Fee due on or before 11/7/2022 (kare) |
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Filing 4
ORDER DISMISSING #1 Complaint without prejudice. COUNT 1 and ALL DEFENDANTS are DISMISSED without prejudice because the Complaint fails to state a claim upon which relief may be granted. Plaintiff is GRANTED leave to file a First Amended Complaint on or before November 10, 2022. Failure to do so shall result in dismissal of this action with prejudice and the assessment of a "strike." FED. R. CIV. P. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994); 28 U.S.C. 1915(e)(2), (g). Moreover, failure to pay the $402 filing fee or file a properly completed IFP motion on or before November 7, 2022, provides independent grounds for dismissal of this action. The Clerk's Office is DIRECTED to TERMINATE all defendants in CM/ECF and SEND the plaintiff a blank civil rights complaint form. Signed by Judge J. Phil Gilbert on 10/13/2022. (jsy)
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| Filing 3 NOTICE FROM CLERK Instructing Plaintiff 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 Plaintiff on 10/7/2022. Consent due by 10/28/2022 (kare) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 22-2236-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 10/7/2022. (kare)
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| Filing 1 COMPLAINT against All Defendants, filed by Timothy L Garrard.(kare) |
| Judge J. Phil Gilbert added. (kare) |
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