Kammeyer, Jr. v. True et al
| James R. Kammeyer, Jr. |
| William True, D. Stickles, USA and Daniel Huggins |
| 3:2019cv00454 |
| April 26, 2019 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 4, 2019. A more recent docket listing may be available from PACER.
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| Set/Reset Deadlines: Amended Pleadings due by 7/24/2019. (jsm2) |
Filing 14
ORDER DISMISSING #1 the Complaint (including Counts 1, 2, 3, 4, 5, 6, and 7) without prejudice for failure to state a claim upon which relief may be granted, DENYING #3 Motion for Class Action and Certification as MOOT and DENYING the request for recruitment of counsel without prejudice. Plaintiff is GRANTED leave to file a "First Amended Complaint" on or before July 24, 2019. Should Plaintiff fail to file a First Amended Complaint within the allotted time or consistent with instructions set forth in this Order, the entire case shall be dismissed with prejudice for failure to comply with a court order and/or failure to prosecute his claims. FED. R. CIV. P. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994); 28 U.S.C. 1915(e)(2). The dismissal shall also count as one of Plaintiff's three allotted strikes under 28 U.S.C. 1915(g). To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to mail Plaintiff a blank civil rights complaint form. Signed by Judge J. Phil Gilbert on 6/26/2019. (jrj)
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| Filing 13 SUPPLEMENT by James R. Kammeyer, Jr. Supplement to #3 Motion to Certify Class. (jsm2) |
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Filing 12
ORDER: The Court DIRECTS the Clerk of Court to STRIKE Doc. #11 as it is currently filed. The Clerk of Court is further DIRECTED to refile Plaintiff's letters to attorneys, Doc. #11 , pp. 11-23, as a supplement to his Motion for Class Certification #3 , which includes Plaintiff's request for recruitment of counsel. Signed by Judge J. Phil Gilbert on 6/3/2019. (jrj)
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| Filing 11 ENTRY STRICKEN - NOTICE of INTENT by James R. Kammeyer, Jr. (jlrr) Modified on 6/4/2019 (jsm2). |
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Filing 10
ORDER DENYING as moot Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #5 ). The $400 filing fee was received on May 13, 2019. Signed by Judge J. Phil Gilbert on 5/15/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
ORDER denying #2 Motion for Preliminary Injunction. Signed by Judge J. Phil Gilbert on 5/13/2019. (jrj)
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| Filing 8 SUPPLEMENT by James R. Kammeyer, Jr. Supplement to #1 Complaint. (jsm2) |
| Filing 7 Prisoner Trust Fund Account Statement by James R. Kammeyer, Jr. (jsm2) |
| Filing fee: $ 400.00, receipt number 34625092887 (amv) |
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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. 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 J. Phil Gilbert on 5/8/2019. (tjk)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by James R. Kammeyer, Jr. (jsm2) |
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Filing 4
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-cv-454-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 4/26/2019. (Attachments: #1 Motion for IFP).(jsm2)
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| Filing 3 MOTION to Certify as Class Action by James R. Kammeyer, Jr. Responses due by 5/31/2019.(jsm2) |
| Filing 2 MOTION for Preliminary Injunction by James R. Kammeyer, Jr. (jsm2) |
| Filing 1 COMPLAINT against All Defendants filed by James R. Kammeyer, Jr. (Attachments: #1 Exhibits, #2 Envelope).(jsm2) |
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