Hartzol v. Major et al
| Charles Samuel Hartzol, III |
| Matthew Major, Morgan Gueamo and Reva Engelage |
| 3:2024cv01935 |
| August 19, 2024 |
| U.S. District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 17 Initial Prisoner Filing Fee: $ 13.69 received, receipt number 11723 (clw) |
| Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
Filing 15
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $13.69. 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 Menard Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 9/12/2024. (mamo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 Prisoner Trust Fund Account Statement. (kare) |
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Filing 13
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #3 ) 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 trust fund account statement (or institutional equivalent) for the period January 2, 2024, thru July 2, 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 Menard Correctional Center. Signed by Judge Stephen P. McGlynn on 9/10/2024. (mamo)
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| Filing 12 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. 386, Plaintiff shall return the form within 7 days or face possible sanctions. Consent due by 9/16/2024 (jaj) |
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Filing 11
This Court has received your complaint and your motion to proceed without prepayment of the filing fee from the Northern District of Illinois, previously assigned case number: 24-5766. Your new case number is 24-1935-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 8/19/2024. (jaj)
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| Filing 10 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 386, 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 8/19/2024. Consent due by 9/9/2024 (jaj) |
| Filing 9 Case transferred in from District of Illinois Northern; Case Number 1:24-cv-05766. Original file certified copy of transfer order and docket sheet received. |
| Filing 8 TRANSFERRED to the Southern District of Illinois, East St. Louis Division. (lw, ) [Transferred from Illinois Northern on 8/19/2024.] |
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Filing 7
ORDER: This action is transferred to the United States District Court for the Southern District of Illinois, East St. Louis Division, for assessment of an initial filing fee and whatever other action the transferee court deems appropriate. The Clerk shall not issue summonses unless the transferee court so directs. This case and all pending motions, #3 and #4 , are terminated on this court's docket. Civil case transferred. Signed by the Honorable Martha M. Pacold on 8/1/2024: Mailed notice(lm, ) [Transferred from Illinois Northern on 8/19/2024.]
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| MAILED order #7 to Charles Samuel Hartzol, III (lm, ) [Transferred from Illinois Northern on 8/19/2024.] |
| Filing 6 RECEIVED Complaint and No copies by Charles Samuel Hartzol, III (Re-filed, Poor quality original) (Received by mail in the Clerk's Office on 07/02/2024) (Envelope postmarked 06/25/2024) (Exhibits) (smb, ) [Transferred from Illinois Northern on 8/19/2024.] |
| Filing 5 PRO SE Appearance by Plaintiff Charles Samuel Hartzol. (Envelope postmarked 06/24/2024) (Received by mail in the Clerk's Office on 07/02/2024) (rc, ) [Transferred from Illinois Northern on 8/19/2024.] |
| Filing 4 MOTION by Plaintiff Charles Samuel Hartzol for attorney representation. (Envelope postmarked 06/24/2024) (Received by mail in the Clerk's Office on 07/02/2024) (rc, ) [Transferred from Illinois Northern on 8/19/2024.] |
| Filing 3 APPLICATION by Plaintiff Charles Samuel Hartzol for leave to proceed in forma pauperis. (Envelope postmarked 06/24/2024) (Received by mail in the Clerk's Office on 07/02/2024) (rc, ) [Transferred from Illinois Northern on 8/19/2024.] |
| Filing 2 PRISONER CIVIL Cover Sheet. (rc, ) [Transferred from Illinois Northern on 8/19/2024.] |
| Filing 1 RECEIVED Complaint and by Charles Samuel Hartzol. (Exhibits) (Envelope postmarked 06/24/2024) (Received by mail in the Clerk's Office on 07/02/2024) (rc, ) [Transferred from Illinois Northern on 8/19/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (rc, ) [Transferred from Illinois Northern on 8/19/2024.] |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Direct assignment. (Civil Category Civil Direct Assignment). (rc, ) [Transferred from Illinois Northern on 8/19/2024.] |
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