Talidis v. IDOC et al
| James B Talidis |
| IDOC, Rob Jeffreys, Latoya Hughes, S Rodgers, K Wuest, C/O Thompson, Internal Affairs Officer Cortez, C/O Obrien, Property Officer Mercer, Steve Bennet, C/O Mehan, Sharlette Rodgers, Kristy Wuest, Steve Bennett and Lt Thomson |
| 3:2024cv00139 |
| January 19, 2024 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 17 Initial Prisoner Filing Fee: $ 73.65 received, receipt number 8291 (clw) |
Filing 16
ORDER denying as moot #15 Motion to Clarify. Plaintiff requests clarification on the calculation of due dates. There are no current due dates pending in this case. Plaintiff's Amended Complaint is still pending a merits review. Deadlines with a date certain are due by close of business of the due date. Signed by Chief Judge Nancy J. Rosenstengel on 3/8/2024. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 MOTION to Clarify by James B Talidis. (jaj) |
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Filing 14
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #8 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $28.91. 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 Vienna Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 2/28/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 Prisoner Trust Fund Account Certification. (kare) |
| Filing 12 Prisoner Trust Fund Account Statement by James B Talidis. (jaj) |
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Filing 11
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #8 ), 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 11/1/2023 to 1/19/2024 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 Vienna Correctional Center. (Action due by 4/8/2024.). Signed by Chief Judge Nancy J. Rosenstengel on 2/22/2024. (tjk)
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| Filing 10 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned Chief District Judge Nancy J Rosenstengel. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj) |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by James B Talidis. (jaj) |
| Filing 7 AMENDED COMPLAINT against Steve Bennett, Internal Affairs Officer Cortez, Interim Director, Rob Jeffreys, Property Officer Mercer, C/O Obrien, Sharlette Rodgers, Lt Thomson, Kristy Wuest, filed by James B Talidis.(jaj) |
| Filing 6 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 2/20/2024 (kare) |
| Set/Reset Deadlines: Amended Pleadings due by 2/21/2024. (csb) |
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Filing 5
ORDER: For reasons explained in this Order, Mr. Talidis's Motion for an Extension (Doc. 2) is DENIED. Mr. Talidis shall have 30 days (until February 21, 2024) to file an amended complaint or to withdraw this lawsuit. The Clerk of Court is DIRECED to send Mr. Talidis a civil rights complaint form and an application to proceed in forma pauperis. He may use these forms if he decides to proceed with this action at this time. Signed by Chief Judge Nancy J. Rosenstengel on 1/22/2024. (kgk)
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| Filing 4 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 1/22/2024. Consent due by 2/12/2024 (kare) |
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Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 24-139-NJR. Within 30 days of the entry of this Order, you are ORDERED to submit the $405.00 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 fourteen 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 Chief Judge Nancy J. Rosenstengel on 1/22/2024. (kare)
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| Filing 2 MOTION for Extension of Time to File Amended Complaint by James B Talidis. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by James B Talidis.(jaj) |
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