Nally v. Henze et al
William Nally |
Marlene Henze, Evaristo Aguinaldo, Bautista and Tina Tamaris |
1:2023cv02720 |
April 28, 2023 |
US District Court for the Northern District of Illinois |
Sharon Johnson Coleman |
Civil Rights (Prison Condition) |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
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MAILED Copy of Order dated 6/7/23, four blank USM-285 service forms, and filing instructions to Plaintiff. (aee, ) |
SUMMONS Issued, certified copy of order dated 06/07/2023 to the U.S. Marshal's Office for service as to defendants Evaristo Aguinaldo, Bautista, Marlene Henze, Tina Tamaris via email. (aee, ) |
Filing 8 ORDER: Plaintiff has now paid the $402 filing fee 6 ; his motion for an extension of time to pay #4 is terminated as moot. Plaintiff's complaint #7 may proceed against the named Defendants. The Clerk of Court is directed to: (1) issue summonses for service of the complaint #7 on Defendants Dr. Henze, Dr. Aguinaldo, Dr. Bautista, and Nurse Tamaris; and (2) send Plaintiff four blank USM-285 service forms, filing instructions, and a copy of this order. Because Plaintiff is not proceeding in forma pauperis, he is not necessarily entitled to service at government expense. Fed. R. Civ. P. 4(c)(3). Plaintiff has not demonstrated that he cannot pay the required deposit to the U.S. Marshal. Therefore, Plaintiff must either: (1) serve Defendants himself; (2) retain a private process server to serve Defendants; or (3) employ the services of the U.S. Marshal to serve Defendants. The Marshal is directed to send Plaintiff the request for payment of the deposit to effectuate service (service costs generally range between $65.00 and $250.00 per location). If Plaintiff elects to employ the services of the Marshal, he must pay the required deposit; the Marshal will not take further action until the deposit has been paid and Plaintiff returns completed USM-285 forms. Failure to effect service by the deadline set forth by Fed. R. Civ. P. 4(m) may result in dismissal of an unserved Defendant or this case. Plaintiff also must promptly submit a change-of-address notification if he is transferred to another facility or released. If Plaintiff fails to keep the Court informed of his address, this action will be subject to dismissal for failure to comply with a Court order and for failure to prosecute. The Clerk is directed to send a copy of this order to Plaintiff and the U.S. Marshal. Signed by the Honorable Sharon Johnson Coleman on 6/7/2023. Mailed notice (aee, ) |
Filing 7 COMPLAINT filed by William Nally; Jury Demand. (aee, ) |
Filing 5 ORDER: #Local Rule 3.3# requires that any document submitted for filing for which a filing fee is required must be accompanied either by the appropriate fee or an In Forma Pauperis Application and Financial Affidavit. No filing fee or IFP petition was submitted at the time of filing this matter. William Nally is directed to pay the required filing fee or submit a completed #In Forma Pauperis Application and Financial Affidavit# within 15 days of this notification. Pursuant to LR 3.3(f), failure to comply with this order may result in sanctions, including dismissal of the action by the assigned judge. Signed by the Executive Committee. (aee, ) |
MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff William Nally. (aee, ) |
CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (aee, ) |
Filing 4 MOTION by Plaintiff William Nally for extension of time and motion for order ordering Stateville Correctional Center's business office to issue payment to U.S. District Court for plaintiff's filing fee. (aee, ) |
Filing 3 AFFIDAVIT of Plaintiff William Nally. (aee, ) |
Filing 2 PRISONER CIVIL Cover Sheet. (aee, ) |
Filing 1 RECEIVED Complaint and no copies by William Nally. (aee, ) |
CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Heather K. McShain. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Direct assignment. (aee, ) |
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