Falbe v. USA
| Robert Reed Falbe, III |
| USA |
| 3:2022cv02720 |
| November 22, 2022 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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Filing 18
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Docs. #13 , #15 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $3.17. 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 Avenal State Prison upon entry of this Order. Signed by Judge J. Phil Gilbert on 1/6/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 16 SUPPLEMENT by Robert Reed Falbe, III. Supplement to #7 Amended Complaint. (aza) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis by Robert Reed Falbe, III. (aza) |
| Filing 14 SUPPLEMENT by Robert Reed Falbe, III. Supplement to #7 Amended Complaint. (kare) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis by Robert Reed Falbe, III. (kare) |
| Filing 12 MOTION for Recruitment of Counsel by Robert Reed Falbe, III. (kare) |
| Filing 11 SUPPLEMENT by Robert Reed Falbe, III. Supplement to #7 Amended Complaint. (kare) |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 9 NOTICE of Delay by Robert Reed Falbe, III (kare) |
| Filing 8 SUPPLEMENT by Robert Reed Falbe, III. Supplement to #7 Amended Complaint. (Attachments: #1 Envelope)(kare) |
| Filing 7 AMENDED COMPLAINT against USAfiled by Robert Reed Falbe, III. (Attachments: #1 Envelope)(jaj) |
| Filing 6 MOTION for Recruitment of Counsel by Robert Reed Falbe, III. (jaj) |
| Filing 5 NOTICE: Plaintiff 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, Plaintiff shall return the form within 7 days or face possible sanctions. Consent due by 12/20/2022 (kare) |
| Set/Reset Deadlines: Amended Pleadings due by 12/28/2022. (kare) |
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Filing 4
ORDER DISMISSING #1 Complaint without prejudice. If Plaintiff wishes to pursue a claim against a state actor for a violation of his federal rights under 42 U.S.C. 1983, against an individual federal agent under 28 U.S.C. 1331, or against the United States for the tortious conduct of a federal officer under the Federal Tort Claims Act, he may file a First Amended Complaint in this case (Case No. 22-cv-2720-JPG) on or before DECEMBER 28, 2022. Because Plaintiff commenced this action without prepaying the filing fee of $402 or filing a motion for leave to proceed in forma pauperis (IFP motion), he will also need to pay the full fee of $402 or file an IFP motion by the deadline (DECEMBER 28, 2022). He is WARNED that failure to do both by this deadline shall result in dismissal of this action after the deadline expires. Fed. R. Civ. P. 41(b). The Clerk's Office is DIRECTED to SEND the plaintiff blank copies of this Court's Civil Rights Complaint Form, Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241, and Motion for Leave to Proceed in forma pauperis. Signed by Judge J. Phil Gilbert on 11/28/2022. (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 11/22/2022. Consent due by 12/13/2022 (kare) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 22-2720-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 11/22/2022. (kare)
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| Filing 1 COMPLAINT against USA, filed by Robert Reed Falbe, III.(kare) |
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