Dawson v. Brown et al
| Kevin Dawson |
| Myers P, Christine Brown, Doerschuck, Brammier, C/O Smith, Vaughn, Wexford Company, Morgenstren and Unknown Party |
| 3:2018cv02058 |
| November 8, 2018 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Set/Reset Deadlines: Amended Pleadings due by 1/30/2019. (kdb) |
Filing 23
ORDER: In accordance with 28 U.S.C. 1915(e)(1) and Local Rule(s) 83.1(i) and 83.9(b), Attorney Brian J. Connolly of the Heyl Royster law firm, 701 Market Street, St. Louis, MO 63177, is ASSIGNED to represent Plaintiff in this civil rights case. On or before January 16, 2019, assigned counsel shall enter his appearance in this case. Assigned counsel is free to share responsibilities with an associate who is also admitted to practice in this district court. Attorney Connolly, however, must enter the case and shall make first contact with Plaintiff, explaining that an associate may also work on the case. Plaintiff should wait for his attorney to contact him in order to allow counsel an opportunity to review the court file. The Clerk is DIRECTED to transmit a copy of this Order, Doc. 1, and Doc. 13 to assigned counsel, as well as a copy of the docket sheet. The electronic case file is available through the CM-ECF system. The Court sua sponte extends Plaintiff's deadline for filing an amended complaint to January 30, 2019. Signed by Judge Nancy J. Rosenstengel on 1/2/2019. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 22
ORDER granting #21 Motion to Withdraw as Attorney. For the reasons stated in the Motion to Withdraw, leave to withdraw is GRANTED. New counsel will be assigned in a separate order of the Court. Attorney Justin M. Ladendorf terminated. Signed by Judge Nancy J. Rosenstengel on 1/2/2019. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 21 MOTION to Withdraw as Attorney by Kevin Dawson. (Ladendorf, Justin) |
| Filing 20 NOTICE of Appearance by Justin M. Ladendorf on behalf of Kevin Dawson (Ladendorf, Justin) |
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Filing 19
ORDER: In accordance with 28 U.S.C. 1915(e)(1) and Local Rule(s) 83.1(i) and 83.9(b), Attorney Justin M. Ladendorf of the Lewis Rice Law Firm, 600 Washington Avenue Suite 2500, St. Louis, MO 63101, is ASSIGNED to represent Plaintiff in this civil rights case. On or before December 17, 2018, assigned counsel shall enter his appearance in this case. Assigned counsel is free to share responsibilities with an associate who is also admitted to practice in this district court. Attorney Ladenorf, however, must enter the case and shall make first contact with Plaintiff, explaining that an associate may also work on the case. Plaintiff should wait for his attorney to contact him in order to allow counsel an opportunity to review the court file. The Clerk is DIRECTED to transmit a copy of this Order, Doc. 1, and Doc. 13 to Attorney Ladendorf, as well as a copy of the docket sheet. The electronic case file is available through the CM-ECF system. Plaintiff's amended complaint is presently due on or before January 18, 2019. Attorney Appearance due by 12/17/2018. Signed by Judge Nancy J. Rosenstengel on 12/3/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
ORDER granting #17 Motion to Withdraw as Attorney. For the reasons stated in the Motion to Withdraw, leave to withdraw is GRANTED. New counsel will be assigned in a separate order of the Court. Attorney Bob L. Perica terminated. Signed by Judge Nancy J. Rosenstengel on 12/3/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MOTION to Withdraw as Attorney by Kevin Dawson. (Perica, Bob) |
| Filing fee: $400.00, receipt number 34625088890. (dmw2) |
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Filing 16
ORDER: In accordance with 28 U.S.C. 1915(e)(1) and Local Rule(s) 83.1(i) and 83.9(b), Attorney Bob Perica of the Perica Law Firm, 229 E. Ferguson Ave, Wood River, IL 62095, is ASSIGNED to represent Plaintiff in this civil rights case. On or before December 12, 2018, assigned counsel shall enter his appearance in this case. Attorney Perica is free to share responsibilities with an associate who is also admitted to practice in this district court. Assigned counsel, however, must enter the case and shall make first contact with Plaintiff, explaining that an associate may also work on the case. Plaintiff should wait for his attorney to contact him in order to allow counsel an opportunity to review the court file. The Clerk is DIRECTED to transmit a copy of this Order, Doc. 1, and Doc. 13 to Attorney Perica, as well as a copy of the docket sheet. The electronic case file is available through the CM-ECF system. Plaintiff's amended complaint is presently due on or before January 18, 2019. (Attorney Appearance due by 12/12/2018). Signed by Judge Nancy J. Rosenstengel on 11/28/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
ORDER granting #14 Motion Motion to Withdraw: For the reasons stated in the Motion to Withdraw, leave to withdraw is GRANTED. New counsel will be assigned in a separate order of the Court. Signed by Judge Nancy J. Rosenstengel on 11/28/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 MOTION FOR RELIEF FROM ASSIGNMENT PURSUANT TO RULE 83.11 by Kevin Dawson. (Hoffman, Joseph) |
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Filing 13
ORDER assigning Attorney Joseph M. Hoffman for Kevin Dawson granting #4 filed by Kevin Dawson. (Attorney Appearance due by 12/3/2018) IT IS FURTHER ORDERED that the Complaint (Doc. 1) is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Plaintiff, by and through counsel, has leave to file a First Amended Complaint on or before January 18, 2019. (Attorney Appearance due by 12/3/2018, Amended Pleadings due by 1/18/2019). Signed by Judge Nancy J. Rosenstengel on 11/19/2018. (tjk)
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Filing 12
ORDER VACATING Doc. 11 granting Plaintiff's motion for leave to proceed in forma pauperis in this case. A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). Review of Plaintiff's prisoner trust fund account statement reveals that Dawson is not indigent (Doc. #10 ). As of November 7, 2018, Plaintiff's trust fund account balance was $925.56 (Doc. #10 ). Plaintiff's average monthly opening balance for the six month period immediately preceding the filing of this lawsuit is $988.45. Plaintiff lists no monthly expenses. Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Plaintiff shall pay the $400.00 filing fee no later than December 17, 2018. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). 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 Clerks Office is DIRECTED to send a copy of this Order to the Trust Fund Officer at Pinckneyville Correctional Center. (Action due by 12/17/2018). Signed by Judge Nancy J. Rosenstengel on 11/16/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
VACATED per Court Order at Doc. 12: ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $184.60. 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 Pinckneyville Correctional Center upon entry of this Order. Signed by Judge Nancy J. Rosenstengel on 11/14/2018. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 11/16/2018 (tjk).
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| Filing 10 Prisoner Trust Fund Account Statement. (jsm2) |
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Filing 9
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 5/01/2018 to 11/7/2018 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 Pinckneyville Correctional Center. (Trust Fund Statement due on or before 12/29/2018). Signed by Judge Nancy J. Rosenstengel on 11/14/2018. (jsm2)
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| Filing 8 MOTION for Leave to File Amended Page 3 by Kevin Dawson. (jsm2) |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
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Filing 6
NOTICE AND ORDER: This Court has received your complaint and your motion to proceed without prepayment of the filing fee from the Central District of Illinois, previously assigned case number: 18-1408. Your new case number is 18-2058-NJR. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See 28 U.S.C. Sec. 1915A The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Nancy J. Rosenstengel on 11/8/2018. (jaj)
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| Filing 5 Case transferred in from District of Illinois Central; Case Number 1:18-cv-01408. Original file certified copy of transfer order and docket sheet received. |
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TEXT ORDER: This case was inadvertently transferred to the Southern District of Illinois before this Court entered a transfer order. The Southern District is the appropriate venue for this action because Plaintiff is currently incarcerated in Pinckneyville Correctional Center and challenges his treatment in that prison. All of the Defendants work in Pinckneyville Correctional Center, which is located in the Southern District of Illinois. 28 U.S.C. 93. The court therefore finds that venue over this proceeding is in the Southern District of Illinois, and that it is in the interests of justice that this cause be transferred there. See 28 U.S.C. 1404(a). No summons shall issue in this action unless directed by the transferee court. Entered by Judge Sue E. Myerscough on 11/08/2018. (SKN, ilcd) [Transferred from Illinois Central on 11/8/2018.]
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| Filing 4 MOTION to Request Counsel by Plaintiff Kevin Dawson. Responses due by 11/21/2018 (SKN, ilcd) [Transferred from Illinois Central on 11/8/2018.] |
| Filing 3 +++ PRISONER TRUST FUND LEDGER. by Kevin Dawson (SKN, ilcd) [Transferred from Illinois Central on 11/8/2018.] |
| Filing 2 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Kevin Dawson.(SKN, ilcd) [Transferred from Illinois Central on 11/8/2018.] |
| Filing 1 COMPLAINT against All Defendants, filed by Kevin Dawson.(SKN, ilcd) [Transferred from Illinois Central on 11/8/2018.] |
| Case was electronically submitted to the transferee court. (SKN, ilcd) [Transferred from Illinois Central on 11/8/2018.] |
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