Dida v. Hvarre
| Muhamed Abduba Dida and Mohamed Abduba Dida |
| Kimberly Hvarre and Rosa |
| 3:2024cv00714 |
| March 12, 2024 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| 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 27, 2024. A more recent docket listing may be available from PACER.
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Filing 11
ORDER: Plaintiff's Motion re Total Filing Fee (Doc. #10 ) is DENIED. In the Motion, Plaintiff explains that he has filed seven cases in this District this year and that he has been assessed filing fees associated with each case. Plaintiff is correct, he has been assessed an initial fee of $23.90 in this case. He posits that the seven cases will cost him a grand total of $2,450 (which is $350/case for seven cases). This assertion is not entirely correct as one of the seven cases is a habeas petition with a fee of only $5; nevertheless, the fees for his six civil rights cases will total $2,100. Plaintiff expresses concern that if he must continue installment payments for each of his cases at the same time, then he will not have money to buy the food he needs at the commissary to maintain his religious diet. Based on the foregoing facts, Plaintiff asks the assigned judges to put his filing totals together and to accept a $25.00 payment for the time-being. The Court cannot grant Plaintiff's request because the calculation and collection of initial partial filing fees is controlled by the Prison Litigation Reform Act of 1995 (PLRA), 110 Stat. 1321-66. The PLRA provides that the initial fee is 20% of the inmate's account or average monthly balance over the preceding six months, to be followed by monthly installments of 20 percent of the preceding month's income if the inmate has more than $10.00. 28 U.S.C. Section 1915(b)(1-4). The Supreme Court held in Bruce v. Samuels, 577 U.S. 82, 85 (2016), that if an inmate has more than one fee under the PLRA, the fees must be paid simultaneously on a per-case basis, and cannot be instead considered on any aggregate basis. Thus, under the PLRA and Samuels, the Court cannot accept Plaintiff's proposed payment plan, and his motion must be denied. Signed by Judge Stephen P. McGlynn on 3/27/2024. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 AFFIDAVIT of Truth by Mohamed Abduba Dida. (kare) |
| Filing 10 MOTION re: Total Filing Fee by Mohamed Abduba Dida. (kare) |
| Filing 8 Prisoner Trust Fund Account Statement. (kare) |
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $23.90. 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 Big Muddy River Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 3/20/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 Prisoner Trust Fund Account Statement. (kare) |
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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 11/15/2023 to 3/12/2024 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 Big Muddy River Correctional Center. (Trust Fund Statement due on or before 4/29/2024). Signed by Judge Stephen P. McGlynn on 3/13/2024. (tjk)
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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 3:24-cv-714-SPM. 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 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 Judge Stephen P. McGlynn on 3/12/2024. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (adh) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Muhamed Abduba Dida. (adh) |
| Filing 1 COMPLAINT against Kimberly Hvarre, filed by Muhamed Abduba Dida.(adh) |
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