Scott v. Mount et al
| Michael T. Scott |
| C.O. Ewing, Travis Allen, Capt. Mount and C/O Haynes |
| 3:2018cv01843 |
| October 9, 2018 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Set/Reset Deadlines: Signed Complaint due by 1/2/2019. (jaj) |
Filing 16
ORDER: On December 3, 2018, Plaintiff's mail was returned as undeliverable (Doc. #14 ). Accordingly, Plaintiff did not receive the Court's Order dated November 7, 2018. This Order explained that Plaintiff's Complaint was unsigned and directed Plaintiff to file a signed complaint on or before December 5, 2018. In light of the above (and because Plaintiff recently updated his address with the Court (Doc. #15 )), the Court ORDERS as follows: The deadline for filing a signed complaint, as is required under Rule 11(a) of the Federal Rules of Civil Procedure, is extended. To proceed with this action, Plaintiff is ORDERED to submit a properly signed Complaint, including exhibits, within twenty-eight (28) days (on or before January 2, 2019). Failure to comply shall result in the striking of the Complaint and dismissal of this action. See Fed. R. Civ. P. 41(b). To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to return a copy of the Complaint (Doc. 1) to Plaintiff along with this order and a blank Section 1983 Complaint form. Signed by Judge J. Phil Gilbert on 12/5/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 NOTICE of Change of Address by Michael T. Scott. (jaj) |
| Filing 14 Mail Returned as Undeliverable. Document 11 sent to Michael T. Scott. (jaj) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis by Michael T. Scott. (jaj) |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 11
ORDER: The Northern District of Illinois recently transferred this action to this Court. (Doc. #5 ). In reviewing the Complaint (Doc. #1 ), the Court notes that it has not been signed. Rule 11(a) of the Federal Rules of Civil Procedure requires that "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." To proceed with this action, Plaintiff is ORDERED to submit a properly signed Complaint, including exhibits, within twenty-eight (28) days (on or before December 5, 2018). Failure to comply with this order shall result in the striking of his Complaint and the dismissal of this action. See Fed. R. Civ. P. 41(b). To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to return a copy of the Complaint (Doc. 1) to Plaintiff along with this order and a blank Section 1983 Complaint form. (Action due by 12/5/2018.). Signed by Judge J. Phil Gilbert on 11/7/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $14.42. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. 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 the Cook County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 10/18/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
NOTICE AND ORDER: This Notice and Order includes important information concerning the initial stages of your lawsuit. The Court has received your complaint. After your filing fee status is determined, the Court will review your complaint to identify claims and defendants and to dismiss any legally insufficient claims. See 28 U.S.C. 1915A. The Court will conduct this review within the next 60 days. The Court will then inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time. Therefore, you do not need to submit any evidence, argument, motions, or documents. If you do not receive a Merit Review Order within 60 days of filing your complaint, you may file a motion requesting the status of your case. The Court will not consider a status motion at any time prior to the 60 day deadline. If you have filed a motion for appointment of counsel, it will not be considered until the Court has identified the claims and defendants in your complaint. In addition, any motion for appointment of counsel must include evidence of your own efforts to find counsel such as a list of attorneys contacted and copies of letters sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Once your motion to proceed in forma pauperis is granted and the merit review is complete, the Court will send a Notice of Lawsuit and Waiver of Service Form to each of your defendants. This will be the first time the defendants will be informed of your lawsuit. After a defendant signs the waiver and returns it, that defendant will then have 60 days to file an answer to your complaint. If a defendant does not return the completed waiver, the Court will follow up as necessary to complete service on that defendant. When all of the defendants have filed answers, the Court will enter a Scheduling Order containing important information on deadlines, discovery, and procedures. All requests for file-stamped copies of documents must be accompanied by a stamped, self-addressed envelope and an extra copy of the document to be filed stamped and returned. The Clerk cannot photocopy documents for you unless the copy fee of $0.50 per page is submitted in advance. Finally, you must promptly notify the court in writing of any change of address. Failure to notify the court of a change in your address could result in the dismissal of your case. Signed by Judge J. Phil Gilbert on 10/9/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 Letter from USDC/SDIL to Plaintiff informing him of transfer and new case number. (Attachments: #1 Motion to Proceed IFP, #2 Consent to Magistrate Judge) (jaj) |
| Filing 7 Case transferred in from District of Illinois Northern; Case Number 1:18-cv-05816. Original file certified copy of transfer order and docket sheet received. |
| Filing 6 TRANSFERRED to the USDC Southern District of Illinois the electronic record. (sxb, ) [Transferred from Illinois Northern on 10/9/2018.] |
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Filing 5
ORDER: This action is transferred to the United States District Court for the Southern District of Illinois at East St. Louis for imposition of an initial filing fee and whatever other 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 Robert W. Gettleman on 9/24/2018. Mailed notice. (sxb, ) [Transferred from Illinois Northern on 10/9/2018.]
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| Filing 4 MOTION by Plaintiff Michael T. Scott for attorney representation (lf, ) [Transferred from Illinois Northern on 10/9/2018.] |
| Filing 3 APPLICATION by Plaintiff Michael T. Scott for leave to proceed in forma pauperis (Exhibits) (lf, ) [Transferred from Illinois Northern on 10/9/2018.] |
| Filing 2 PRISONER CIVIL Cover Sheet (lf, ) [Transferred from Illinois Northern on 10/9/2018.] |
| Filing 1 RECEIVED Complaint and one copy by Michael T. Scott (Exhibits). (Envelope not postmarked) (lf, ) . (Additional attachment(s) added on 8/29/2018: #1 Envelope) (kp, ). [Transferred from Illinois Northern on 10/9/2018.] |
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