Taylor, II v. McKay et al
| Alan Desso Taylor, II |
| John Koneman and Patrick McKay |
| 3:2019cv00397 |
| April 10, 2019 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 10, 2019. A more recent docket listing may be available from PACER.
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| Filing 15 NOTICE by Alan Desso Taylor, II of Entry of Appearance (Olszeski, Adam) |
| Filing 14 NOTICE of Appearance by Matthew R. Davis on behalf of Alan Desso Taylor, II (Davis, Matthew) |
Filing 13
In accordance with 28 U.S.C. 1915(e)(1) and Local Rule(s) 83.1(i) and 83.9(b), attorney Matthew R. Davis of Gallagher Davis L.L.P., located at St. Louis, Missouri, is ASSIGNED to represent Plaintiff in this civil rights case. On or before July 8, 2019, assigned counsel shall enter his appearance in this case. Further, on or before August 15, 2019, Plaintiff, by and through counsel, is ORDERED to file a First Amended Complaint. Attorney Davis 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 the following to newly-assigned counsel: this Order, Complaint (Doc. 1), and Order Assigning Attorney and Dismissing Complaint (Doc. 10), as well as a copy of the docket sheet. The electronic case file is available through the CM-ECF system. Attorney Appearance due by 7/8/2019. Signed by Judge J. Phil Gilbert on 6/24/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
Order GRANTING #11 Motion to Withdraw as Attorney pursuant to Local Rule 83.11(a)(2). New counsel will be assigned in a separate court order. Lara Louise Gillham of Williams Venker & Sanders LLC will instead be included in next year's Panel. Signed by Judge J. Phil Gilbert on 6/24/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 MOTION to Withdraw as Attorney by Alan Desso Taylor, II. (Gillham, Lara) |
| Amended Pleadings due by 8/15/2019. (jaj) |
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Filing 10
ORDER ASSIGNING ATTORNEY Lara Louise Gillham for Alan Desso Taylor, II. (Attorney Appearance due by 7/2/2019); DENYING as MOOT #9 MOTION to Update Defendant's Name. The #1 COMPLAINT is DISMISSED without prejudice for failure to state a claim for relief against the defendants. Plaintiff is GRANTED leave to file a First Amended Complaint on or before August 15, 2019. The First Amended Complaint is subject to review under 28 U.S.C. 1915A. Signed by Judge J. Phil Gilbert on 6/18/2019. (jsy)
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| Filing 9 MOTION to Update Defendant's Name by Alan Desso Taylor, II. (jaj) |
| Filing 8 NOTICE to the Court by Alan Desso Taylor, II (amv) |
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #4 ). 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 the Massac County Detention Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 4/25/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
ORDER : The Court has received your motion to proceed without prepayment of the filing fee. 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. 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 J. Phil Gilbert on 4/25/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Alan Desso Taylor, II. (jaj) |
| Filing 3 Prisoner Trust Fund Account Statement. (amv) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-397-JPG. 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 J. Phil Gilbert on 4/10/2019. (Attachments: #1 Consent to Magistrate Judge)(jaj)
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| Filing 1 COMPLAINT against All Defendants filed by Alan Desso Taylor, II.(jaj) |
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