Feazell v. USA et al
| Richard Feazell |
| The United States, Lisa Madigan, M. Hartford, Federal Bureau of Investigation, The State of Illinois, United States Department of Justice, M. Lynn, Officer Shanklin, Pinckneyville Correctional Center, IDOC, USA, Major Lawless, Amy Hill and Warden Love |
| 3:2018cv01529 |
| August 24, 2018 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on January 7, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 FIFTH AMENDED COMPLAINT against M. Hartford, Amy Hill, Major Lawless, Warden Love, M. Lynn, Officer Shanklin, filed by Richard Feazell.(jaj) |
Filing 31
IT IS HEREBY ORDERED that the Fourth Amended Complaint (Doc. 26), COUNTS 1 and 2, and Defendants UNITED STATES, HARTFORD, and SHANKLIN are DISMISSED without prejudice for the reasons stated herein. IT IS FURTHER ORDERED that Defendants IDOC, PINCKNEYVILLE, FEDERAL BUREAU OF INVESTIGATION, and UNITED STATES DEPARTMENT OF JUSTICE are DISMISSED from this action with prejudice for the reasons stated herein. Plaintiff is GRANTED leave to file a Fifth Amended Complaint on or before October 31, 2018. Should Plaintiff fail to file his Fifth Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the entire case shall be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. (Amended Pleadings due by 10/31/2018). Signed by Judge Staci M. Yandle on 10/3/2018. (tjk)
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| Filing 30 RESPONSE to 28 Notice of Modification, 29 Order Reassigning Case, filed by Richard Feazell. (jaj) |
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Filing 29
ORDER REASSIGNING CASE. Case reassigned to Judge Staci M. Yandle in accordance with Administrative Order No. 188. Judge J. Phil Gilbert no longer assigned to the case. All future filings should reference Case No. 18-cv-1529-SMY. Signed by Judge J. Phil Gilbert on 9/18/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 NOTICE OF MODIFICATION re #26 Motion for Miscellaneous Relief filed by Richard Feazell. Document reviewed by Pro Se Staff Attorney and determined to be the Fourth Amended Complaint. Docket entry updated, motion terminated and additional defendants added to the case. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 27 Prisoner Trust Fund Account Statement by Richard Feazell. (jaj) |
| Filing 26 FOURTH Amended Complaint by Richard Feazell. (tkm) Modified on 9/18/2018 (jaj). |
| Filing 25 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 24 OMNI BUS MOTION re 22 Order by Richard Feazell. (jaj) |
| Filing 23 MOTION Legal Omni Bus Motion by Richard Feazell. (tkm) |
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Filing 22
ORDER: The Northern District of Illinois ordered this case to be transferred to this District on August 7, 2018. (Doc. 13). In this action, there are three documents labeled as complaints in CM-ECF. The first was filed July 9, 2018 as the "Complaint." (Doc. 1). The second was filed August 3, 2018 as the "Amended Complaint." (Doc. 7). The third was filed August 13, 2018 as the "Third Amended Complaint." (Doc. 16). For various reasons, the Court cannot discern if Plaintiff intended to file these documents as successive complaints. The original Complaint is labeled "Omnibus Motion," contains language that suggests it is actually an addendum, and does not have a clear signature pursuant to Fed. R. Civ. P. 11(a). (Doc. 1). On the first and second pages of the Amended Complaint, Plaintiff indicates that the document is instead a Petition for Writ of Habeas Corpus. (Doc. 7). Finally, the Third Amended Complaint is also labeled "Omnibus Motion," has text suggesting it is an addendum or motion, and is marked as if it is not a new complaint nor an amended complaint. (Doc. 16). An amended complaint supersedes and replaces the original complaint, rendering the original complaint void. See Flannery v. Recording Indus. Assn of Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). For this reason, the Court does not accept piecemeal amendments to a complaint. Because it is unclear which of the aforementioned documents Plaintiff would wish the Court to consider the applicable complaint, Plaintiff is ORDERED to notify the Court within 14 days of this order (on or before September 11, 2018), which of the three documents he wants the Court to consider as the complaint: (1) the Complaint filed July 9, 2018, (2) the Amended Complaint filed August 3, 2018, or (3) the Third Amended Complaint filed August 13, 2018. If Plaintiff files a new complaint by that deadline instead, clearly labeled as a complaint, the Court will consider it to be the applicable complaint instead. If Plaintiff fails to respond to this order and does not file a new complaint by the above deadline, the Court will consider the document labeled "Third Amended Complaint" in CM-ECF to be the applicable complaint in this action. (Amended Pleadings due by 9/11/2018). Signed by Judge J. Phil Gilbert on 8/28/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 21 Letter from USDC/SDIL to Plaintiff informing him of transfer and new case number. (Attachments: #1 Consent to Magistrate Judge) (jaj) |
| Filing 20 MOTION for Service of Process at Government Expense by Richard Feazell. (jaj) |
| Filing 19 MOTION for Recruitment of Counsel by Richard Feazell. (jaj) |
| Filing 18 MOTION for Leave to Proceed in forma pauperis by Richard Feazell. (jaj) |
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Filing 17
ORDER REASSIGNING CASE. In accordance with Administrative Order No. 188, this case is reassigned to Judge J. Phil Gilbert for all further proceedings. Chief Judge Michael J. Reagan no longer assigned to case. All future documents should reference case Number 18-1529-JPG. Signed by Chief Judge Michael J. Reagan on 8/13/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 THIRD AMENDED COMPLAINT against The United States, Federal Bureau of Investigation, United States Department of Justice, M. Hartford, filed by Richard Feazell. (Attachments: #1 Complaint)(jaj) |
| Filing 15 Case transferred in from District of Illinois Northern; Case Number 1:18-cv-04700. Original file certified copy of transfer order and docket sheet received. Modified on 8/24/2018 (jaj). |
| Filing 14 TRANSFERRED to the Southern District of Illinois at East St. Louis, the electronic record. (aee, ) [Transferred from Illinois Northern on 8/24/2018.] Modified on 8/24/2018 (jaj). |
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Filing 13
ORDER: The Court on its own motion transfers this action to the U.S. District Court for the Southern District of Illinois at East St. Louis for whatever further action the transferee court deems appropriate. The Clerk shall not issue summonses unless the transferee court so directs. The case and all pending motions are terminated on this Court's docket. Signed by the Honorable Elaine E. Bucklo on 8/7/2018. Mailed notice. (mgh, ) [Transferred from Illinois Northern on 8/24/2018.]
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| Filing 9 MOTION by Plaintiff Richard Feazell for service of process at government expense. (aee, ) [Transferred from Illinois Northern on 8/24/2018.] |
| Filing 8 MOTION by Plaintiff Richard Feazell (Exhibits). (aee, ) [Transferred from Illinois Northern on 8/24/2018.] |
| Filing 7 RECEIVED AMENDED Complaint and no copies by Richard Feazell (Exhibits). (aee, ) [Transferred from Illinois Northern on 8/24/2018.] |
| MAILED a copy of the order dated 7/18/2018 #6 , an amended civil rights complaint form, three blank USM-285 (Marshals service) forms, and instructions to plaintiff Richard Feazell (sxb, ) [Transferred from Illinois Northern on 8/24/2018.] |
| MAILED a copy of the order dated 7/18/2018 #6 to the trust account office at the Pinckneyville Correctional Center (sxb, ) [Transferred from Illinois Northern on 8/24/2018.] |
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Filing 6
ORDER: Plaintiff's motion for leave to proceed in forma pauperis #3 is granted. The Court waives the initial partial filing fee, but authorizes and orders the trust fund officer at Plaintiff's place of incarceration to begin making monthly deductions from Plaintiff's account toward payment of the $350.00 filing fee in accordance with this order. The Court directs the Clerk to send a copy of this order to the trust account office at the Pinckneyville Correctional Center. However, summonses shall not issue at this time. The Court grants Plaintiff until August 31, 2018, to submit an amended complaint, assuming he believes that he can cure pleading deficiencies and state a federal civil rights claim. Failure to comply by the deadline will result in summary dismissal of this case in its entirety. The Court directs the Clerk to provide Plaintiff with an amended civil rights complaint form, three blank USM-285 (Marshals service) forms, and instructions along with a copy of this order. Plaintiff's motion for attorney representation #4 is denied without prejudice. Signed by the Honorable Elaine E. Bucklo on 7/18/2018. Mailed notice. (mgh, ) [Transferred from Illinois Northern on 8/24/2018.]
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| Filing 5 MOTION by Plaintiff Richard Feazell for Service for Process at Government Expense. (nsf, ) [Transferred from Illinois Northern on 8/24/2018.] |
| Filing 4 MOTION by Plaintiff Richard Feazell for attorney representation. (nsf, ) [Transferred from Illinois Northern on 8/24/2018.] |
| Filing 3 APPLICATION by Plaintiff Richard Feazell for leave to proceed in forma pauperis. (Exhibits) (nsf, ) [Transferred from Illinois Northern on 8/24/2018.] |
| Filing 2 PRISONER CIVIL Cover Sheet (nsf, ) [Transferred from Illinois Northern on 8/24/2018.] |
| Filing 1 RECEIVED Complaint and 0 copies by Richard Feazell.(Exhibits Envelope post marked 6/27/2018) (nsf, ) [Transferred from Illinois Northern on 8/24/2018.] |
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