Scott v. Baldwin et al
| Matthias Scott |
| Jaqaline Lashbrook, Martin, John Kock, Richardson, John Baldwin, John Doe, Bucbu, Frank Lawrence, Wildbaher and Qualls |
| 3:2019cv00528 |
| May 22, 2019 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.
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| Partial Filing fee: $ 5.00, receipt number 44625011570 (kdb) |
| Filing 22 Prisoner Trust Fund Account Statement by Matthias Scott. (jsm2) |
| Filing 21 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
| Filing 20 REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order filed by Matthias Scott. (jsm2) |
| Filing 19 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wei, Xinyi) |
| Filing 18 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by John Baldwin, John Kock, Jaqaline Lashbrook, Frank Lawrence, Qualls, Richardson, Wildbaher. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wei, Xinyi) |
| Set/Reset Deadlines as to #2 MOTION for Temporary Restraining Order. Responses due by 6/24/2019. (mar) |
Filing 17
ORDER: On May 28, 2019, the Court issued a #9 Merit Review Order pursuant to 28 U.S.C. 1915A in which the Court deferred ruling on #2 Plaintiff's Motion for Preliminary Injunction and ordered Defendants to file a response to the Motion on or before June 18, 2019. Defendants have failed to submit a response by this deadline. The Court sua sponte grants an extension of time and Defendants are ORDERED to file a response to the #2 Motion for Preliminary Injunction on or before June 24, 2019. Signed by Judge Staci M. Yandle on 6/20/2019. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 NOTICE of Appearance by Xinyi Wei on behalf of John Baldwin, John Kock, Jaqaline Lashbrook, Frank Lawrence, Qualls, Richardson, Wildbaher (Wei, Xinyi) |
| Partial Filing fee: $ 2.00, receipt number 44625011490 (kdb) |
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Filing 15
ORDER: This action is before the Court for the purpose of docket control. As of today, Defendants Martin and Bucbu have not been served. A request for waiver of service was returned unexecuted as to Defendants Martin and Bucbu on May 29, 2019, with the notation that there are not any employees at Menard Correctional Center with the name Bucbu and that there are four security staff with the last name Martin at Menard (Doc. #13 ). IT IS THEREFORE ORDERED that Plaintiff provide additional information (i.e. physical description, date and time of alleged interaction giving rise to this lawsuit, etc.) to the Clerk of Court and file a notice of such, to identify Defendants Bucbu and Martin. Plaintiff SHALL provide said information within 30 days of the date of this order so that process may be served upon these defendants. Plaintiff is WARNED that his failure to comply with this Order may result in dismissal of Defendant Bucbu and/or Martin from this lawsuit. Signed by Judge Staci M. Yandle on 6/12/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Initial Prisoner Filing Fee: $5.00 received, receipt number 44625011425 (kek) |
| Filing 14 WAIVER OF SERVICE Returned Executed John Kock waiver sent on 5/29/2019, answer due 7/29/2019; Jaqaline Lashbrook waiver sent on 5/29/2019, answer due 7/29/2019; Frank Lawrence waiver sent on 5/29/2019, answer due 7/29/2019; Qualls waiver sent on 5/29/2019, answer due 7/29/2019; Richardson waiver sent on 5/29/2019, answer due 7/29/2019; Wildbaher waiver sent on 5/29/2019, answer due 7/29/2019. (tjk) |
| Filing 12 WAIVER OF SERVICE Returned Executed John Baldwin waiver sent on 5/29/2019, answer due 7/29/2019. (jsm2) |
| Filing 13 Waiver of Service Returned Unexecuted as to Bucbu and Martin. (tjk) |
| Filing 11 REQUEST FOR WAIVER of Service sent to John Baldwin on 05/29/2019. Waiver of Service due by 6/28/2019. (jsm2) |
| Filing 10 REQUEST FOR WAIVER of Service sent to Lashbrook, Lawrence, Qualls, Wildbaher, Martin, Bucbu, Koch and Richerson. on 05/29/2019. Waiver of Service due by 6/28/2019. (jsm2) |
| Set/Reset Deadlines as to #2 MOTION for Temporary Restraining Order. Responses due by 7/18/2019. (jsm2) |
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Filing 9
Order for Service of Process upon BALDWIN, LASHBROOK, LAWRENCE, QUALLS, WILDBAHER, MARTIN, BUCBU, KOCH, and RICHERSON, Denying #4 MOTION to Appoint Counsel and Motion for Temporary Restraining Order. A ruling on Plaintiff's Motion for Preliminary Injunction is DEFERRED. In order to assist the Court in its resolution of the Motion for Preliminary Injunction, Defendants are ORDERED to file a response to the Motion on or before Tuesday, June 18, 2019. Signed by Judge Staci M. Yandle on 5/28/2019. (jrj)
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Filing 8
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 $41.14. 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 Menard Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 5/24/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 Prisoner Trust Fund Account Statement. (jsm2) |
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Filing 6
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #3 ), 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 11/1/2018 to 5/22/2019 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 Menard Correctional Center. (Trust Fund Statement due on or before 7/8/2019). Signed by Judge Staci M. Yandle on 5/23/2019. (tjk)
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-528-SMY. 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 Staci M. Yandle on 5/22/2019. (jaj)
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| Filing 4 MOTION to Appoint Counsel with Memorandum of Law by Matthias Scott. (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Matthias Scott. (jaj) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction with Memorandum of Law by Matthias Scott. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Matthias Scott. (Attachments: #1 Exhibits continued)(jaj) |
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