Foster v. Wills et al
Kennrith Foster |
Anthony Wills, Sgt. Bebout, John Doe 1, John Doe 2, Angela Crain and Doctor Siddique |
3:2023cv00612 |
February 21, 2023 |
US District Court for the Southern District of Illinois |
Staci M Yandle |
Prison Condition |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (adh) |
Filing 10 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 Nos. 257 and 341, Plaintiff shall return the form within 7 days or face possible sanctions. Consent due by 3/22/2023 (kare) |
Filing 9 ORDER FINDING as MOOT #8 Motion to Withdraw #2 Motion for Leave to Proceed In Forma Pauperis. The Court already denied the motion (see Doc. 7) because Plaintiff had sufficient funds to pay the $402.00 filing fee for this action, and he paid the full fee on March 9, 2023. Signed by Judge Staci M. Yandle on 3/10/2023. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 8 MOTION to Withdraw #2 by Kennrith Foster. (jaj) |
Filing fee: $ 402.00, receipt number 2575 (bmc) |
Filing 7 ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #2 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from Foster's affidavit that he is indigent. Plaintiff's trust fund account balance as of February 6, 2023 was $1000.85 (Doc. #2 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Plaintiff shall pay the $402.00 filing fee no later than March 27, 2023. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). 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). Signed by Judge Staci M. Yandle on 2/23/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 6 Prisoner Trust Fund Account Statement. (kare) |
Filing 5 ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), 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. 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 8/1/2022 to 10/24/2022 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 Menard Correctional Center. (Trust Fund Statement due on or before 4/10/2023). Signed by Judge Staci M. Yandle on 2/22/2023. (tjk) |
Filing 4 NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 23-612-SMY. 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. See: 28 U.S.C. Sec. 1915A. 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 Staci M. Yandle on 2/21/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 3 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 257 and 341, 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 2/21/2023. Consent due by 3/14/2023 (jaj) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Kennrith Foster. (jaj) |
Filing 1 COMPLAINT against All Defendants filed by Kennrith Foster.(jaj) |
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