Lewis v. Williams
| Illinois Southern District Court | |
| Judge: | Stephen P Mcglynn |
| Case #: | 3:24-cv-01049 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Apr 01, 2024 |
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| Docket last updated: 1 hours ago |
| Tuesday, April 23, 2024 | ||
| 10 | 10
order
Order Directing Prisoner Payment ~Util - Terminate Motions
Tue 04/23 2:55 PM
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Docs.5 ,9 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $14.72. 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 Vandalia Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 4/23/2024. (tjk) |
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| Monday, April 22, 2024 | ||
| 9 | 9
motion
Proceed In Forma Pauperis
Mon 04/22 3:57 PM
MOTION for Leave to Proceed in forma pauperis by Agualar Lewis. (kare) |
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| 8 | 8
cmp
Amended Complaint
Mon 04/22 3:56 PM
AMENDED COMPLAINT against Warden Williams, filed by Agualar Lewis.(kare) |
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| Monday, April 15, 2024 | ||
| 7 | 7
misc
Consent/Non-Consent to US Magistrate Judge
Mon 04/15 2:04 PM
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (tkm) |
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| 6 | 6
misc
Prisoner Trust Fund Account Statement
Mon 04/15 2:03 PM
Prisoner Trust Fund Account Statement by Agualar Lewis. (tkm) |
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| 5 | 5
motion
Proceed In Forma Pauperis
Mon 04/15 2:03 PM
MOTION for Leave to Proceed in forma pauperis by Agualar Lewis. (tkm) |
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| Tuesday, April 09, 2024 | ||
| 4 | 4
order
Order
Tue 04/09 4:14 PM
ORDER: On April 1, 2024, the Court received from Plaintiff a case caption page, a copy of a grievance, and a copy of Plaintiff's trust fund account statement. The Federal Rules of Civil Procedure provide that "[a] civil action is commenced by filing a complaint with the court." Fed. R. Civ. P. 3. The complaint must have a master caption that lists the name of each defendant, FED. R. CIV. P. 10(a), it must set forth factual allegations in numbered paragraphs, FED. R. CIV. P. 10(b), and it must draw a connection between the named parties and the factual allegations. A complaint must include a short plain statement of the claim for relief, as well as a demand for relief. FED. R. CIV. P. 8. A complaint must be written, signed, and verified. Local Rule 8.1(b). No complaint has been filed in this case, and the documents filed cannot, even viewed liberally, be considered an adequate complaint. Accordingly, the documents at Doc. 1 are STRICKEN . If Plaintiff wishes to further pursue this action, he shall file a complaint on or before May 6, 2024 . Failure to file a complaint by this deadline will result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b), and Plaintiff will remain obligated to pay the filing fee. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). The Clerk of Court is DIRECTED to send Plaintiff a Pro Se Civil Rights Complaint form and the Instructions for Filing a Pro Se Civil Complaint for Civil Rights Violations or Other Civil Claims Filed by a Person in Custody. Plaintiff is reminded that he must also pay the full filing fee or submit a motion to proceed IFP by May 6, 2024 . (See Doc. 3). Signed by Judge Stephen P. McGlynn on 4/9/2024. (jrj) |
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| Friday, April 05, 2024 | ||
| 3 | 3
4
pgs
order
Order
Fri 04/05 10:29 AM
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 24-1049 SPM. 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 Judge Stephen P. McGlynn on 4/5/2024. (jaj) |
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| 2 | 2
notice
Notice Requesting Consent - Prisoner
Fri 04/05 10:25 AM
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 4/5/2024. Consent due by 4/26/2024 (jaj) |
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| Monday, April 01, 2024 | ||
| 1 | 1
cmp
Complaint
Fri 04/05 10:23 AM
COMPLAINT against Warden Williams filed by Agualar Lewis.(jaj) |
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