Galbraith v. Ottey et al
| Illinois Southern District Court | |
| Judge: | Stephen P Mcglynn |
| Case #: | 3:24-cv-02482 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Nov 13, 2024 |
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| Docket last updated: 2 hours ago |
| Tuesday, November 19, 2024 | ||
| 9 | 9
order
Order Directing Prisoner Payment ~Util - Terminate Motions
Tue 11/19 11:29 AM
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 $24.15. 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 Graham Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 11/19/2024. (mamo) |
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| Monday, November 18, 2024 | ||
| 8 | 8
misc
Prisoner Trust Fund Account Statement
Mon 11/18 9:33 AM
Prisoner Trust Fund Account Statement. (jaj) |
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| Friday, November 15, 2024 | ||
| 7 | 7
1
pgs
order
Order ~Util - Set Deadlines ~Util - Set/Clear Flags
Fri 11/15 3:10 PM
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 trust fund account statement (or institutional equivalent) for the period May 13, 2024, thru November 13, 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 Graham Correctional Center. Signed by Judge Stephen P. McGlynn on 11/15/2024. (mamo) |
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| Wednesday, November 13, 2024 | ||
| 6 | 6
notice
Notice Requesting Consent
Wed 11/13 2:54 PM
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 11/13/2024. Consent due by 12/4/2024 (kare) |
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| 5 | 5
order
Order
Wed 11/13 2:53 PM
NOTICE AND ORDER: This Court has received your complaint and your motion to proceed without prepayment of the filing fee from the Central District of Illinois, previously assigned case number: 3:24-cv-03321. Your new case number is 24-2482 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 11/13/2024. (kare) |
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| 4 | 4
transfer
Case Transferred In - District Transfer-COURT USE ONLY
Wed 11/13 2:42 PM
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| 3 | 3
motion
Appoint Counsel
Wed 11/13 9:21 AM
MOTION to Request Counsel by Plaintiff Dennis Galbraith. Responses due by 11/27/2024 (ANW) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Wed 11/13 9:21 AM
PETITION TO PROCEED IN FORMA PAUPERIS, filed by Dennis Galbraith.(ANW) |
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| 1 | 1
cmp
Complaint
Wed 11/13 9:20 AM
COMPLAINT against All Defendants, filed by Dennis Galbraith.(ANW) |
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order
Order
Wed 11/13 10:22 AM
TEXT ORDER entered by Senior Judge James E. Shadid on 11/13/2024. Plaintiff filed a Complaint1 alleging violations of his constitutional rights under 42 U.S.C. § 1983. Venue for federal civil rights actions is governed by 28 U.S.C. § 1391(b). According to that statute, such actions may be brought only in (1) the judicial district where any defendant resides (if all defendants reside in the same State), (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. Plaintiff files suit against the Wayne County Sheriff and correctional officers employed by the Wayne County Sheriff's Department. (Doc.1 at pp. 2-3). It appears that a substantial part of the events or omissions giving rise to the claims in this lawsuit occurred in Wayne County, Illinois, which is situated in the federal judicial district of the Southern District of Illinois. See 28 U.S.C. § 93(c). The Court therefore finds that venue over this proceeding is in the Southern District of Illinois, and that it is in the interests of justice that this cause be transferred there. See 28 U.S.C. § 1404(a). No summons shall issue in this action unless directed by the transferee court. The Clerk is directed to transfer this case to the U.S. District Court for the Southern District of Illinois.(ANW) |
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