Norfleet v. Baldwin et al
| Marc Norfleet |
| Jacqueline Lashbrook, Newman, Jason Hart, Norris, Marcus Myers, Nancy Knope, Larue Love, John Baldwin, Sherry Benton, Michael Scott, Mr. Onalski, Carol McBride, Wexford Health Care Sources, Kent Brookman, Overtrip, John Does, Gaetz, Malcolm Hubber, C/O Wanack, Lawless, Pitman, Illinois Department of Corrections, Bennett, Karen Jaimet, Sgt. Scro, Samuel Furlow, Tomas Spiller, Wahl, Dan Varrell, Hubber, Jane Doe, 1, Charles Heck and Mr. Malcolm |
| 3:2018cv01758 |
| September 24, 2018 |
| US District Court for the Southern District of Illinois |
| Michael J Reagan |
| Prison Condition |
| 28 U.S.C. § 1391 |
| Plaintiff |
Docket Report
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Filing 14
IT IS HEREBY ORDERED that Counts 4-21, which are unrelated to Counts 1-3, are severed into separate cases. Plaintiff's request for a TRO/Preliminary injunction is DENIED without prejudice. The claims in the severed cases shall be subject to merits review pursuant to 28 U.S.C. 1915A after a new case number and judge assignment is made. In the new cases in this Court, the Clerk is DIRECTED to file the following documents: 1)This Memorandum and Order; 2)The Amended Complaint (Doc. 11); Plaintiff will be responsible for an additional $400.00 filing fee in the newly severed cases should he choose to proceed. Jason Hart, Charles Heck, Hubber (Security Guard/Officer, Pinckneyville CC), Karen Jaimet (Head Warden, Chief Administrator, Pinckneyville CC), Nancy Knope (Nurse, Wexford Health Care Sources), Larue Love (Assistant Warden, Pinckneyville CC), Malcolm (Security Guard/Officer, Pinckneyville CC), Carol McBride, Marcus Myers (Adjustment Committee Hearing Board, Pinckneyville CC), Norris (Security Staff, Pinckneyville CC), Mr. Onalski (Security Guard/Officer, Pinckneyville CC), Overtrip (Security Guard, Pinckneyville CC), Pitman (Security Guard/Officer, Pinckneyville CC), Michael Scott (Physician, Pinckneyville CC), Sgt. Scro (Security Guard, Pinckneyville CC), Dan Varrell (Health Care Provider- PT Dept., Pinckneyville CC), Wahl (Security Guard/Officer, Pinckneyville CC), Wanack (Security Staff, Pinckneyville CC), Wexford Health Care Sources, Kent Brookman (Adjustment Committee Hearing Board, Menard CC) and Jane Doe, 1 (Nurse, Big Muddy River CC) terminated. Signed by Chief Judge Michael J. Reagan on 11/20/2018. (tjk)
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Filing 13
Order DENYING Doc. 12. Plaintiff requests an extension of time "to file a final complete third amended complaint." Plaintiff represents that his current first amended complaint is missing the first page and exhibits. The Court has already granted Plaintiff leave to amend his complaint once as a matter of course, and that right is now extinguished. Moreover, Plaintiff's motion fails to follow the local rules for moving for leave to file an amended complaint because Plaintiff has not included a proposed amended complaint with the new material underlined. SDLR 15.1. Plaintiff alleges that he lacks legal supplies to do so, but that is untrue--Plaintiff submitted a new 54 complaint the same day he filed this motion. See Norfleet v. Lashbrook, 18-cv-2085-SMY. Moreover, although Plaintiff alleges that his Amended Complaint is missing the first page, that complaint has a proper case caption, and the first page starts with "introduction." In fact, it is almost identical to the first page in the original complaint. And Plaintiff is not required to submit his exhibits with his complaint. As Plaintiff has not identified the crucial missing information in any way, he has not shown that justice requires the amendment. According, the motion is DENIED. Signed by Chief Judge Michael J. Reagan on 11/19/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 MOTION for Extension of Time to Correctly E-File Doc. 11, and MOTION for Leave to File Final Complete Third Amended Complaint by Marc Norfleet. (No Third Amended Complaint received this date). (jsm2) |
| Filing 11 AMENDED COMPLAINT against All Defendants filed by Marc Norfleet.(jsm2) |
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Filing 10
ORDER finding as moot #6 Motion to Copy; granting #9 Motion for Leave to File. On November 5, 2018, Plaintiff submitted a proposed amended complaint to the Court with a request for leave to file it. (Doc. 9). As Fed. R. Civ. P. 15, permits a plaintiff to amend once as a matter of course the Clerk of Court is DIRECTED to file the amended complaint. Plaintiff also previously filed a motion seeking a copy of the Complaint. (Doc. 6). As the Amended Complaint has been written using a file-stamped copy of the original complaint, showing that it was filed on September 24, 2018, the Court finds that Plaintiff received the copy mailed to him on September 25, 2018, making his motion MOOT. (Doc. 6). Signed by Chief Judge Michael J. Reagan on 11/7/2018. (jcp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 MOTION for Leave to File Amended Complaint by Marc Norfleet. (Proposed Amended Complaint received this date and under review). (jsm2) |
| Filing 8 Plaintiff's Attached Here to RESPONSE to #4 Order, filed by Marc Norfleet. (tkm) |
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Plaintiff has been without funds for six months, he is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee. Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. 1915(b)(4). Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid. In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at Menard Correctional Center upon entry of this Order. Signed by Chief Judge Michael J. Reagan on 10/2/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 Plaintiff's Renewed MOTION Request for Copy of Document No. 1 Complaint re #1 Complaint by Marc Norfleet. (tkm) |
| Filing 5 Prisoner Trust Fund Account Statement. (jaj) |
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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 3/1/2018 to 9/24/2018 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 1051 (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 Menard Correctional Center. (Trust Fund Statement due on or before 11/5/2018). Signed by Chief Judge Michael J. Reagan on 9/27/2018. (jaj)
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| Filing 3 Letter to plaintiff regarding case opening. (Attachments: #1 Consent to Magistrate Judge) (tkm) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Marc Norfleet. (tkm) |
| Filing 1 COMPLAINT against All Defendants, filed by Marc Norfleet.(tkm) |
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