Boswell v. Tanner et al
| Martell Boswell |
| M. McCarthy, B. Purdue, IDOC, A. Goins, Wexford Services and C. Tanner |
| 3:2018cv02157 |
| December 10, 2018 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. ยง 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.
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Filing 5
ORDER DISMISSING CASE. On January 4, 2019, Plaintiff advised the Court that he would like to voluntarily dismiss this civil rights action. Pursuant to Rule 41(a)(1)(A)(i), Fed. R. Civ. P., Plaintiff's dismissal notice effected the immediate dismissal of the suit. Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011); see also Smith v. Potter, 513 F.3d 781, 782 (7th Cir. 2008). The Motion to Voluntarily Dismiss (Doc. 4) is thus GRANTED, and no additional action remains for the undersigned Judge to take. No filing fee will be assessed for this case. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Signed by Judge Staci M. Yandle on 1/7/2019.
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| Filing 4 MOTION to Voluntarily Dismiss by Martell Boswell. Responses due by 2/7/2019 (jaj) |
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Filing 3
On December 10, 2018, this case was opened after Plaintiff filed a self-styled "Notice of Filing/Leave to File Complaint." (Doc. 1). In the Notice, Plaintiff indicates that he is filing a civil rights complaint for violations of his due process rights pursuant to 42 U.S.C. 1983 against the Illinois Department of Corrections ("IDOC"), Wexford Services, and four IDOC officials. He asks this Court to appoint an attorney to represent him in this matter. The "Notice of Filing," itself, does not constitute a Complaint. See Fed. R. Civ. P. 3 ("A civil action is commenced by filing a complaint with the court."); see also Fed. R. Civ. P. 8 (general rules of pleading). Even if it did, it states no claim for relief and does not survive preliminary review under 28 U.S.C. 1915A. Moreover, leave to file an initial complaintor even an amended complaintis not required at this early stage. See Fed. R. Civ. P. 15. Therefore, if Plaintiff intends to proceed with this action, he is ORDERED to file a Complaint, along with prepayment of the $400 filing fee for this action or a properly completed Motion for Leave to Proceed in forma pauperis, on or before January 9, 2019. Failure to do so will result in dismissal of this action for failure to comply with this order and/or prosecute his claims. Fed. R. Civ. P. 41(b). Plaintiff's request for counsel is DENIED without prejudice at this time, based on his failure to demonstrate any efforts to locate counsel on his own and the lack of information necessary for this Court to evaluate Plaintiff's ability to litigate this matter pro se. The Clerk is DIRECTED to provide Plaintiff with a blank civil rights complaint form, motion for leave to proceed in forma pauperis, and motion for recruitment of counsel for use in preparing this suit. (Amended Pleadings due by 1/9/2019). Signed by Judge Staci M. Yandle on 12/11/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 18-2157-SMY. Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. 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 Staci M. Yandle on 12/10/2018. (Attachments: #1 Consent to Magistrate Judge)(jaj)
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| Filing 1 COMPLAINT against All Defendants filed by Martell Boswell.(jaj) |
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