This case was last updated from PACER on 10/23/2018 at 07:14:48 (UTC).

Deleon Balderas v. Doe

Case Summary

On 08/24/2018 Deleon Balderas filed a Prisoner - Prison Condition lawsuit against Doe. This case was filed in U.S. District Courts, Illinois Southern District. The Judge overseeing this case is J. Phil Gilbert. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:18-CV-01536

  • Filing Date:

    08/24/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

  • Court:

    U.S. District Courts

  • Courthouse:

    Illinois Southern District

Judge Details

Presiding Judge

J. Phil Gilbert

 

Party Details

Plaintiff

Gilberto DeLeon Balderas

Salem, IL 62881

Defendant

John Doe

 

Court Documents

#5

(#5) Letter to Plaintiff regarding case number. (Attachments: #1 Consent to Magistrate Judge) (tjk) (Entered: 08/24/2018)

#1

(#1) MEMORANDUM and ORDER severing case number 18-1368-JPG. Signed by Judge J. Phil Gilbert on 8/23/2018. (tjk) (Entered: 08/24/2018)

#3

(#3) MOTION for Leave to Proceed in forma pauperis by Gilberto DeLeon Balderas. (tjk) (Entered: 08/24/2018)

5 #1

Consent to Magistrate Judge

#6

(#6) ORDER: The Clerk is DIRECTED to correct Plaintiff's surname from "Balderas" to "DeLeonBalderas" in this case, and in Plaintiff's 2 other pending cases: Case No. 18- cv-1368-JPGDGW, and Case No. 18-cv-1535-JPG. COUNTS 5 and 6 are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Because both claims in this action have been dismissed, the Complaint (Doc. 2) is also DISMISSED without prejudice for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that, should he wish to proceed with this case, Plaintiff shall file his First Amended Complaint within 28 days of the entry of this order (on or before October 23, 2018). (Amended Pleadings due by 10/23/2018). Signed by Judge J. Phil Gilbert on 9/25/2018. (tjk) (Entered: 09/25/2018)

#2

(#2) COMPLAINT against John Doe, filed by Gilberto DeLeon Balderas.(tjk) (Entered: 08/24/2018)

 

Docket Entries

  • 09/25/2018
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  • (#6) ORDER: The Clerk is DIRECTED to correct Plaintiff's surname from "Balderas" to "DeLeonBalderas" in this case, and in Plaintiff's 2 other pending cases: Case No. 18- cv-1368-JPGDGW, and Case No. 18-cv-1535-JPG. COUNTS 5 and 6 are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Because both claims in this action have been dismissed, the Complaint (Doc. 2) is also DISMISSED without prejudice for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that, should he wish to proceed with this case, Plaintiff shall file his First Amended Complaint within 28 days of the entry of this order (on or before October 23, 2018). (Amended Pleadings due by 10/23/2018). Signed by Judge J. Phil Gilbert on 9/25/2018. (tjk) (Entered: 09/25/2018)

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  • 08/24/2018
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  • (#5) Letter to Plaintiff regarding case number. (Attachments: #1 Consent to Magistrate Judge) (tjk) (Entered: 08/24/2018)

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  • 08/24/2018
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  • (#4) 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 $6.07. 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 mail a copy of this Order to the Trust Fund Officer at the Marion County Law Enforcement Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 8/24/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/24/2018)

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  • 08/24/2018
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  • (#3) MOTION for Leave to Proceed in forma pauperis by Gilberto DeLeon Balderas. (tjk) (Entered: 08/24/2018)

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  • 08/24/2018
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  • (#2) COMPLAINT against John Doe, filed by Gilberto DeLeon Balderas.(tjk) (Entered: 08/24/2018)

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  • 08/24/2018
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  • (#1) MEMORANDUM and ORDER severing case number 18-1368-JPG. Signed by Judge J. Phil Gilbert on 8/23/2018. (tjk) (Entered: 08/24/2018)

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