Winfrey-Bey v. Burle et al
| Albert Winfrey-Bey |
| Amy Burle, Jon Fatheree, David Stock, Lana Nalewajka, . Santos, . Shulte, Glen Austin, . Coke, . Shreve, . Benton, John Doe 1, . Hunt, . Briggs, Stephanie Howard, Laura Cachrea, . Payne, Internal Affairs Officer, . Goodman, . DeWitt, Joel A. Sams, Carlos A. Luevano, . Applegate, Timothy Adesanya, . Calderini, Rob Jeffreys, John Doe 2 and . Lowery |
| 3:2021cv03235 |
| November 3, 2021 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 28 MOTION for Extension of Time to File Amended Complaint by Plaintiff Albert Winfrey-Bey. Responses due by 1/6/2022 (KB) |
| Filing 27 Mail Returned as Undeliverable to Albert Winfrey-Bey: The Court's 11/4/2021 Case Management Order #25 and a blank complaint form were returned due to insufficient postage. Clerk re-mails with appropriate stamps affixed. (JRK) |
| Prisoner Initial Partial Filing Fee received 11/29/2021, in the amount of $ 52.00; receipt number 24626010322 (JMB) |
| Filing 26 MOTION Requesting Withheld Motions from Plaintiff and, Clarification of Indigent Status by Plaintiff Albert Winfrey-Bey. Responses due by 12/8/2021 (AEM) |
Filing 25
CASE MANAGEMENT ORDER entered by Judge James E. Shadid on 11/4/2021. IT IS THEREFORE ORDERED: 1) Plaintiff's complaint is dismissed as a violation of Federal Rules of Civil Procedure 8, 10, 18, and 20. 2) The Court will allow Plaintiff one opportunity to file an amended complaint clarifying his intended claims and Defendants. Plaintiff must file his amended complaint on or before November 29, 2021. Plaintiff is admonished if he fails to file an amended complaint on or before November 29, 2021 or he fails to follow the Court's instructions outlined in this order, his case will be dismissed. 3) Plaintiff's motion for a Temporary Restraining Order or Preliminary Injunction is denied. #13 . 4) The Clerk of the Court is to provide Plaintiff with a blank complaint form and to reset the internal merit review deadline within 30 days of this order. (KB)
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TEXT ORDER entered by Judge James E. Shadid on 11/4/2021. Plaintiff, a pro se prisoner, initiated this lawsuit in the Southern District of Illinois on August 5, 2021. The filing fee in this case is $402 and Plaintiff was responsible for full payment the moment the complaint was filed. Nonetheless, Plaintiff initially paid $250 and later paid an additional $100 toward the fee. However, Plaintiff still owes $52. Therefore, Plaintiff MUST pay the additional $52 on or before November 29, 2021. If Plaintiff does not have sufficient funds to pay the $52, he must submit a motion for leave to proceed in forma pauperis (IFP). Plaintiff must include copies of his Trust Fund Ledgers for the six months before he filed his initial complaint and for the period this lawsuit has been pending. In other words, Plaintiff must submit Trust Fund Ledgers from February 1, 2021 through November of 2021 to demonstrate he was unable to pay the entire filing fee. If Plaintiff either fails to pay the $52 or fails to file an IFP motion on or before November 29, 2021, his case may be dismissed. (KE)
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| Set/Reset Deadlines: See Case Management Order entered 11/4/2021: Amended Pleadings due by 11/29/2021. Merit Review Deadline set for 12/6/2021. (KB) |
| Filing 24 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. Effective immediately, all documents should be mailed or scanned to the Peoria Division, 100 NE Monroe Street, Peoria, IL 61602. Merit Review Deadline set for 11/23/2021. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 23 Case transferred in from District of Illinois Southern; Case Number 3:21-cv-00889. |
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Filing 22
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to United States District Court for the Central District of Illinois. Signed by Judge Stephen P. McGlynn on 11/2/2021. (jrj)
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Filing 21
ORDER denying #17 Motion to Remove/Reassign Judge McGlynn. Plaintiff has filed a motion asking Chief Judge Rosenstengel to recuse the undersign from this case. Plaintiff complains that the undersigned has misclassified his filings, delayed reviewing his motion for TRO and preliminary injunction for three weeks, and mistakenly ruled that his Complaint did not comply with Rule 11. Although the motion is addressed to Chief Judge Rosenstengel, "[m]otions for recusal are properly addressed only to the judge who is the object of the motion." Martin-Trigona v. Gouletas, 634 F. 2d 354, 355 n. 1 (7th Cir. 1980) (citing 28 U.S.C. 455). See also Liteky v. United States, 510 U.S. 540, 548 (1994) (noting that Section 455 "place[s] the obligation to identify the existence of [grounds for recusal] upon the judge himself"). Thus, it is appropriate for the undersigned to rule on the pending motion. Plaintiff has not established a sufficient basis for recusal. See 28 U.S.C. 144; 28 U.S.C. 455 (a), (b). He disagrees with the undersign's handling of the case but does not assert a set of facts supporting a conclusion of bias or personal prejudice. Liteky, 510 U.S. at 555 ("judicial rulings alone almost never constitute valid basis for a bias or partiality recusal motion"). Accordingly, the motion is DENIED. Additionally, in the motion, Plaintiff points to the section of the Complaint that contains his signature. Upon further review, the Court finds that the Complaint was signed in accordance with Rule 11 on page 142. Thus, the Order striking the Complaint and denying the Motion for Temporary Restraining Order and Preliminary Injunction is VACATED in part. (Doc. #14 ). The Complaint at Doc. #1 is no longer stricken and will be treated as the operative Complaint. The Complaint will be reviewed by the Court pursuant to 28 U.S.C. 1915A. The Clerk of Court is DIRECTED to reinstate the Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #13 ). The Motion will be addressed in a separate order. The deadline for Plaintiff to submit a signed complaint to the Court is TERMINATED. Plaintiff is still required to pay the remaining balance of his filing fee, $52.00, or file a motion to proceed IFP by November 5, 2021. Signed by Judge Stephen P. McGlynn on 10/28/2021. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
ORDER granting #18 Motion for Docket Tracking. There seems to be confusion over correspondence to and from this Court. Plaintiff argues that in this case he did not receive a confirmation receipt for his motion for TRO/preliminary injunction sent on September 30, 2021. As Plaintiff has been advised, the Court received the motion for TRO/preliminary injunction on October 4, 2021. The motion was denied 2 days later on October 6, 2021, and the Court's Order was mailed to Plaintiff through the United States Postal Service (USPS). It is clear that Plaintiff received this Order because he has included a copy of the Notice of Electronic Filing (NEF) that was mailed with the Order as an exhibit. The Court does not send "confirmations of receipt" for documents mailed to the Court. If parties are unsure of the status or receipt of a filing they may file a motion. It is also noteworthy that previously Graham Correctional Center participated in the Electronic Filing Program. Under the program, when the Court would file a document, library staff would print the NEF and the entire Court document and deliver the documents to the prisoner through institutional mail. On September 28, 2021, the Court received notice from Graham Correctional Center that it no longer had scanning capabilities. Now the Clerk of Court mails all Court filed documents and the NEFs to Plaintiff via USPS, rather than through the electronic filing program. This is why the NEF that was sent to Plaintiff along with the Court's Order leaves blank the section labeled "Notice has been electronically mailed to." The Court no longer electronically mails documents to plaintiffs housed at Graham Correctional Center. Plaintiff argues he received a confirmation receipt in case 20-cv-01282-NJR 3 days after filing a motion for TRO/preliminary injunction in that case. In that case, however, Chief Judge Rosenstengel denied the motion in a text entry, rather than a full memorandum and order. As stated in that order, the text entry is an order of the court, it was not a confirmation receipt. This Court cannot account for the delivery method or timing of that text order entry to Plaintiff. Again, the Court does not send confirmation receipts for documents it receives via USPS, and it is clear that Plaintiff received the Court's Order denying the motion for TRO/Preliminary Injunction in this case. Additionally, the Court previously provided Plaintiff with a copy of the docket sheet. No further action is required. Signed by Judge Stephen P. McGlynn on 10/20/2021. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 MEMORANDUM in Support re #17 MOTION for Recusal filed by Albert Winfrey-Bey. (jaj) |
| Filing 18 MOTION for Docket Tracking by Albert Winfrey-Bey. (tjk) |
| Filing 17 MOTION to Remove/Reassign Judge Stephen P. McGlynn by Albert Winfrey-Bey. (tjk) |
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Filing 16
ORDER granting #15 Motion for Docket Tracking. The Court received Plaintiff's motion for TRO and preliminary injunction on October 4, 2021. Because a signed complaint has yet to be filed in this case, the motion was denied without prejudice on October 6, 2021. (Doc. #14 ). The Clerk of Court is DIRECTED to send Plaintiff a copy of the docket sheet. Signed by Judge Stephen P. McGlynn on 10/15/2021. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 MOTION for Docket Tracking by Albert Winfrey-Bey. (jaj) |
| Balance of filing fee or Motion for IFP due by 11/5/2021. (jaj) |
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Filing 14
VACATED IN PART PER ORDER AT DOC. 21 - ORDER: The Complaint (Doc. #1 ) and the Amended Complaint (Doc. #8 ) are STRICKEN from the docket. Winfrey-Bey is ORDERED to file a signed complaint by November 5, 2021. The complaint must stand on its own without any reference to any other pleading and include all claims against all defendants. Winfrey-Bey is WARNED that he may not simply file a supplement or add pages to the original complaint filed on August 5, 2021. To enable Winfrey-Bey to comply with this Order, the Clerk is DIRECTED to send to Winfrey-Bey the civil rights complaint form. The #9 motion to enter evidence and the #10 motion to supply court with legible authorization for payment receipts are DENIED. The #11 motion to correct and clarify and the #12 motion of clarification are GRANTED. The #13 motion for temporary restraining order and preliminary injunction is DENIED without prejudice. By November 5, 2021, Winfrey-Bey must pay the remaining $52.00 of the $402.00 filing fee or file a motion to proceed without prepayment of the filing fee, along with a trust fund account statement for the six-month period immediately preceding the filing of this action. The Clerk is DIRECTED to send Winfrey-Bey a blank Motion for Leave to Proceed IFP form. Failure to comply with this Order shall result in the dismissal of this action. See FED. R. CIV. P. 41(b). Signed by Judge Stephen P. McGlynn on 10/6/2021. (jrj) Modified on 11/1/2021 (mar).
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| Filing 13 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Albert Winfrey-Bey. (Attachments: #1 Motion to Properly Present TRO)(jaj) |
| Filing 12 MOTION of Clarification re: #11 Motion to Clarify and Correct Record by Albert Winfrey-Bey. (jaj) |
| Filing 11 MOTION to Correct and Clarify the Record by Albert Winfrey-Bey. (kare) |
| Filing 10 MOTION to Supply Court with Legible Authorization for Payment Receipts by Albert Winfrey-Bey. (jaj) |
| Filing 9 MOTION to Enter Evidence Refered to But Inadvertently Omitted from Exhibits in the complaint by Albert Winfrey-Bey. (jaj) |
| Filing 8 STRICKEN PER ORDER AT #14 - AMENDED COMPLAINT against All Defendants, filed by Albert Winfrey-Bey.(jaj) Modified on 10/7/2021 (jaj). |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 6 Letter from Albert Winfrey-Bey (kare) |
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Filing 5
ORDER: Plaintiff filed an unsigned Complaint (Doc. #1 ) on August 5, 2021. While many of Plaintiff's exhibits and supporting documents contain his signature, the Complaint itself does not. Rule 11(a) of the Federal Rules of Civil Procedure requires that "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." To proceed with this action, Plaintiff is ORDERED to submit a properly signed Complaint, including any exhibits, on or before September 6, 2021. Failure to comply with this order shall result in the striking of Plaintiff's Complaint and the dismissal of this action. See Fed. R. Civ. P. 41(b). To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to return a copy of the Complaint (Doc. #1 ) to Plaintiff along with this Order. Signed by Judge Stephen P. McGlynn on 8/6/2021. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
The Court has received your complaint and your $250.00 payment towards your filing fee. Your case number is 21-889-SMY. The following is some information you should know regarding the initial stages of your lawsuit. The Court will now 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. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven 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 8/5/2021. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 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 8/5/2021. Consent due by 8/26/2021 (jaj) |
| Filing 2 Initial Prisoner Filing Fee: $ 250.00 received, receipt number 34625109264 (Attachments: #1 2nd letter to Court regarding payment) (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Albert Winfrey-Bey. (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 cover page and table of contents, #5 Envelope)(jaj) Modified on 10/7/2021 (jaj). |
| Judge Stephen P. McGlynn added. (jaj) |
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