Bushnell et al v. Madison County Jail IL et al
| Joseph K Bushnell, Jevon Wilburn, Jason Spink, Nicolas Bonk, Malik Robinson, Jonathan Graves, Demario Cox, Joshua Jones, Christopher Feenstra, Raul Romero, Brandon Martin, Deandre Richardson, Carl Hendrix, Mark Bradshaw, Anthony Hunter, Jeremy Rodgers, John Recklein and Stephane Vance |
| Madison County Jail IL, Sgt. Caldwell and Stephen Ridings |
| 3:2022cv02672 |
| November 15, 2022 |
| U.S. District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 1, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ORDER GRANTING Plaintiff Bushnell's motion to proceed in forma pauperis ("IFP") (Docs. #2 , #8 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $10.67. 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 Madison County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 1/4/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
ORDER: Of the eighteen (18) plaintiffs named in the #1 Complaint, only one (1) complied with the Court's Order to file a properly completed Motion for Leave to Proceed in forma pauperis (IFP) or prepay the $402 filing fee on or before December 16, 2022: Lead Plaintiff Bushnell. The other seventeen (17) co-plaintiffs failed to respond to the 5 Order, despite warnings that their failure to file for IFP or prepay the filing fee would result in dismissal from this lawsuit. Accordingly, all plaintiffs, other than Lead Plaintiff Bushnell, are DISMISSED without prejudice from this action for failure to comply with the Court's Order. See Fed. R. Civ. P. 41(b). The Clerk's Office is DIRECTED to TERMINATE all plaintiffs, other than Lead Plaintiff Bushnell, as parties in CM/ECF. Signed by Judge J. Phil Gilbert on 1/4/2023. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 Mail Returned as Undeliverable. Document 7 sent to Jonathan Graves, Mark Bradshaw, John Recklein, Nicolas Bonk, Jason Spink, Christopher Feenstra, Jeremy Rodgers, Joshua Jones, Raul Romero,, (kare) |
| Filing 11 Mail Returned as Undeliverable. Documents 3 and 4 sent to John Recklein (csb) |
| Filing 10 Mail Returned as Undeliverable. Documents 3 and 4 sent to Nicolas Bonk, Christopher Feenstra, Joshua Jones, Mark Bradshaw, Jonathan Graves, Jason Spink, Raul Romero, and Jeremy Rodgers (kare) |
| Filing 9 Mail Returned as Undeliverable. Document 5 sent to Christopher Feenstra, Joshua Jones, Raul Romero, Jeremy Rodgers, John Recklein, Nicholas Bonk, Jonathan Graves (kare) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by Joseph K Bushnell. (kare) |
| Filing 7 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 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
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Filing 5
ORDER: This case was opened upon receipt of a #1 Complaint filed by eighteen (18) plaintiffs and a #2 Motion for Leave to Proceed in forma pauperis filed by one (1) plaintiff. It is unclear whether every single plaintiff was aware that: he is joining in a federal lawsuit; each plaintiff must separately represent himself since none are attorneys; each plaintiff must sign every single filing submitted to the court; each plaintiff must demonstrate his exhaustion of all available remedies before bringing suit; and each plaintiff is required to either file his own IFP motion or pay the full $402 filing fee without regard to how much another plaintiff has paid. Boriboune v. Berge, 391 F.3d 852, 855 (7th Cir. 2004) (A prisoner is required to pay the full filing fee "whether or not anyone else is a co-plaintiff."). Before this matter proceeds, the Court must obtain an IFP Motion or filing fee of $402 from each plaintiff. On or before DECEMBER 16, 2022, EACH PLAINTIFF is ORDERED to file a properly completed IFP Motion, along with a trust fund statement covering the six-month period preceding this action or prepay his own $402 filing fee. Plaintiff John Recklein is also ORDERED to file a SIGNED #1 Complaint. Each plaintiff is WARNED that his failure to take these steps by the deadline shall result in his dismissal from this lawsuit. The Court DEFERS preliminary review of this matter pursuant to 28 U.S.C. 1915A until after this deadline expires. To ensure each plaintiff's ability to comply with this Order, the Clerk's Office is DIRECTED to SEND each plaintiff a copy of this Order and a blank Motion for Leave to Proceed in forma pauperis. Signed by Judge J. Phil Gilbert on 11/17/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 NOTICE FROM CLERK Instructing Plaintiffs 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 Plaintiffs on 11/16/2022. Consent due by 12/7/2022 (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 22-2672-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: 28 U.S.C. Sec.. 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 11/16/2022. (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 Joseph K Bushnell. (kare) |
| Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: #1 Envelope)(kare) |
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