Rodarte-Mendoza v. USA et al
| Ramon Rodarte-Mendoza |
| USA, Federal Bureau of Prisons and Peter Kim |
| 3:2017cv00498 |
| May 11, 2017 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Bond |
| J. Phil Gilbert |
| Prison Condition |
| 28 U.S.C. ยง 1346 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
58
CLERK'S JUDGMENT. Approved by Judge J. Phil Gilbert on 3/11/2019. (jdh)
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Filing
36
MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 32), OVERRULES Rodarte-Mendoza's objections (Doc. 34), GRANTS the United States' motion for summary judgment (Doc. 27), DISMISSES without prejudice the FTCA claim agai nst the United States, REINSTATES Dr. Kim as a defendant in this case and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.The United States is terminated as a party in this case. The Court will, by separate order, direct service of the summons, complaint and a copy of this order on Dr. Kim. Signed by Judge J. Phil Gilbert on 10/2/2018. (jdh)
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Filing
24
MEMORANDUM AND ORDER, Plaintiff is WARNED that the failure to respond to the forthcoming summary judgment motion may result in dismissal of this action with prejudice. In light of the foregoing, Defendant's motions (Docs. 15 & 22) are DENIED without prejudice. Defendant's answer deadline is STAYED pending resolution of the anticipated motion for summary judgment. Signed by Judge J. Phil Gilbert on 12/21/2017. (jdh)
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Filing
9
MEMORANDUM AND ORDER: ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. IT IS HEREBY ORDERED that Plaintiff may proceed with his claim under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, in COUNT 1 against Defe ndant UNITED STATES OF AMERICA. IT IS FURTHER ORDERED that COUNT 1 is DISMISSED with prejudice against Defendants FEDERAL BUREAU OF PRISONS and PETER KIM for failure to state a claim upon which relief may be granted. The Clerk of Court is DIRECTED to complete, on Plaintiffs behalf, a summons forservice of process on the United States; the Clerk shall issue the completed summons. Signed by Judge J. Phil Gilbert on 8/10/2017. (tkm)
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Filing
4
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. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. 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/her trust fund account statement (or institutional equivalent) for the period 11/ 1/2016 to 5/11/2017 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 10 51 (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 FCI Greenville. ( Trust Fund Statement due on or before 6/29/2017). Signed by Judge Staci M. Yandle on 5/15/2015. (jaj)
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