McNeal v. Davis et al
| Aldwin McNeal |
| Salgh Obaisi, Dr. Aguinaldo Jr., Dr. Martya, Hundley Davis and Wexford Health Sources |
| 1:2020cv05052 |
| August 27, 2020 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 9
ORDER Signed by the Honorable Andrea R. Wood on 10/23/2020: The Court construes Plaintiff's motion to voluntarily withdraw #8 as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). See Fed. R. Civ. P. 41(a)(1)(A)(i) (stating that, generally, "plaintiff may dismiss an action without court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment"); see also Kuznar v. Kuznar, 775 F.3d 892, 896 (7th Cir. 2015) (collecting cases holding that Rule 41(a)(1)(A)(i) voluntary dismissal immediately terminates action without court order); Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (explaining that Rule 41(a)(1)(A)(i) notice of dismissal is self-executing and effective without further action from the court); Smith v. Potter, 513 F.3d 781, 782-83 (7th Cir. 2008) (motion that was "[i]n substance" a Rule 41(a)(1)(A) notice of dismissal "effected dismissal of the suit"). Accordingly, this case is voluntarily dismissed without prejudice. The Clerk is directed to close this case and terminate all pending motions or future dates. Mailed notice (dal, )
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| Filing 8 MOTION Voluntarily Withdrawn filed by Plaintiff Aldwin McNeal. (jh, ) |
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Filing 7
ORDER Signed by the Honorable Andrea R. Wood on 9/28/2020: Plaintiff's motion to reconsider #5 is denied. Plaintiff's application to proceed in forma pauperis #6 is denied because he has "struck out" under 28 U.S.C. 1915(g) and his submissions do not indicate that an exception to 1915(g) applies. To proceed with this action, Plaintiff must pay the full statutory filing fee of $400. If he fails to comply by 10/23/2020, this case will be summarily dismissed. Mailed notice (dal, )
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| Filing 6 APPLICATION by Plaintiff Aldwin McNeal to proceed in District Court without prepaying fees or costs. (Exhibits) (jh, ) |
| Filing 5 MOTION by Plaintiff Aldwin McNeal to reconsider. (jh, ) |
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Filing 3
ORDER Signed by the Honorable Andrea R. Wood on 8/31/2020: Plaintiff has "struck out" under 28 U.S.C. 1915(g) and his submissions do not indicate that an exception to 1915(g) applies. Therefore, to proceed with this action, Plaintiff must pay the full statutory filing fee of $400. If he fails to pay the full fee by 10/12/2020, this case will be summarily dismissed. Mailed notice (dal, )
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| Filing 2 PRISONER CIVIL Cover Sheet. (jh, ) |
| Filing 1 RECEIVED Complaint by Aldwin McNeal. (Exhibits) (Attachments: #1 Envelope Postmarked 8/17/2020) (jh, ) |
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