Rector v. Searby et al
Plaintiff: Stanley E. Rector, Jr.
Defendant: David H. Searby, Jr. and Jayson Clark
Case Number: 3:2019cv00659
Filed: June 18, 2019
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Mandamus & Other
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2019 Opinion or Order Filing 10 IT IS ORDERED that this matter does not survive preliminary review under 28 U.S.C. 1915A, and the Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Defendants DAVID H. SEARBY, JR. and JAYSON CLARK are DISMISSED without prejudice. The Clerk of Court is DIRECTED to TERMINATE the Defendants in the Court's Case Management/Electronic Case Filing (CM/ECF) system. IT IS FURTHER ORDERED that Plaintiff is GRANTED leave to file a First Amended Complaint on or before August 27, 2019. Should Plaintiff fail to file his First Amended Complaint within the allotted time or consistent with the instructions set forth in the Order, the entire case shall be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. Finally, the Clerk of Court is DIRECTED to mail Plaintiff a blank civil rights complaint form. Signed by Chief Judge Nancy J. Rosenstengel on 7/30/2019. (ksp)
July 26, 2019 Opinion or Order Filing 9 ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #6 ). 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 Jackson County Jail upon entry of this Order. The Clerk's office shall terminate Plaintiff's first motion to proceed IFP (Doc. #2 ). Signed by Chief Judge Nancy J. Rosenstengel on 7/26/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 25, 2019 Filing 8 Prisoner Trust Fund Account Statement by Stanley E. Rector, Jr. (jaj)
July 17, 2019 Opinion or Order Filing 7 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 12/1/2018 to 6/18/2019 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 Jackson County Jail. (Trust Fund Statement due on or before 9/3/2019). Signed by Chief Judge Nancy J. Rosenstengel on 7/17/2019. (tjk)
July 16, 2019 Filing 6 MOTION for Leave to Proceed in forma pauperis by Stanley E. Rector, Jr. (jaj)
July 8, 2019 Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
July 3, 2019 Opinion or Order Filing 4 ORDER: On June 18, 2019, Plaintiff filed this action, along with an unsigned, incomplete motion for leave to proceed in forma pauperis ("IFP") (Doc. #2 ). Rule 11(a) of the Federal Rules of Civil Procedure requires that "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." Further, the Court must review the trust fund account statement for the six-month period immediately preceding the filing of this action (December 1, 2018-June 18, 2019). To proceed with this action, Plaintiff is ORDERED to submit a properly signed, completed Motion for Leave to Proceed in forma pauperis on or before July 17, 2019. Failure to comply with this order shall result in the striking of Plaintiff's IFP Motion and denial of IFP. See Fed. R. Civ. P. 41(b). To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to return a copy of the IFP Motion to Plaintiff along with this Order. (Action due by 7/17/2019). Signed by Chief Judge Nancy J. Rosenstengel on 7/3/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 18, 2019 Opinion or Order Filing 3 NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-659-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 Chief Judge Nancy J. Rosenstengel on 6/18/2019. (jaj)
June 18, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Stanley E. Rector, Jr. (jaj)
June 18, 2019 Filing 1 COMPLAINT against All Defendants filed by Stanley E. Rector, Jr. (Attachments: #1 Address Update)(jaj)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Rector v. Searby et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: David H. Searby, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jayson Clark
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Stanley E. Rector, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?