Williams v. Waggon et al
| Frederick H Williams |
| S. Waggon, Officer Streeter, Officer Pajeau, Darin M. Wells, Sherry Benton, Sarah Johnson and Jeff Grupe |
| 3:2019cv00845 |
| August 2, 2019 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 17 CLERK'S JUDGMENT in favor of Darin M. Wells, Jeff Grupe, Officer Pajeau, Officer Streeter, S. Waggon, Sarah Johnson, Sherry Benton against Frederick H Williams. Approved by Judge Staci M. Yandle on 8/29/2019. (tjk) |
Filing 16
ORDER DISMISSING CASE. The unsigned First Amended Complaint is STRICKEN. This action is DISMISSED with prejudice based on Plaintiff's failure to comply with the Court's Order (Doc. 15) to file a signed First Amended Complaint and to prosecute his claims. See 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). This dismissal counts as a "strike" within the meaning of 28 U.S.C. 1915(g).Signed by Judge Staci M. Yandle on 8/29/2019. (jsy)
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Filing 15
ORDER DENYING #10 Motion for Leave to File Amended Complaint as unnecessary. The Court previously granted Plaintiff leave to file a First Amended Complaint in a #9 Merits Review Order entered June 24, 2019. Plaintiff was invited to file a First Amended Complaint, if he wished to proceed with this action. He did so on July 25, 2019. However, the First Amended Complaint (Doc. 10) is UNSIGNED. 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." Therefore, in order to proceed, Plaintiff is ORDERED to submit a properly signed First Amended Complaint, including exhibits, on or before August 22, 2019. Failure to comply with this Order shall result in the striking of Plaintiff's First Amended Complaint and dismissal of this action with prejudice and a "strike" under 28 U.S.C. 1915(g). See FED. R. CIV. P. 41(b). The CLERK is DIRECTED to return a copy of the First Amended Complaint (Doc. 10) to Plaintiff along with this Order. Signed by Judge Staci M. Yandle on 8/7/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 NOTICE of Change of Address by Frederick H Williams (rah) |
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Filing 13
NOTICE AND ORDER: This Court has received your complaint (your motion to proceed without prepayment of the filing fee has already been granted) from the Central District of Illinois (Urbana), previously assigned case number: 19-cv-2104-CSB. Your new case number is: 19-cv-845-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 clams 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 8/2/2019. (jsm2)
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| Filing 12 Case transferred in from District of Illinois Central; Case Number 2:19-cv-02104. Original file certified copy of transfer order and docket sheet received. |
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Filing 11
ORDER TRANSFERRING VENUE entered by Judge Harold A. Baker on 8/1/2019. IT IS THEREFORE ORDERED: 1) This case is hereby transferred to the Southern District of Illinois pursuant to 28 U.S.C. 1391(b) and 28 U.S.C. 1404(a). 2) Any pending motions are transferred to the Southern District of Illinois for the transferee court to take whatever actions it deems necessary. SEE FULL WRITTEN ORDER.(SAG, ilcd) [Transferred from Illinois Central on 8/2/2019.]
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| Filing 10 MOTION for Leave to File Amended Complaint by Plaintiff Frederick H Williams. Responses due by 8/8/2019 (JMB, ilcd) [Transferred from Illinois Central on 8/2/2019.] |
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Filing 9
MERIT REVIEW ORDER entered by Judge Harold A. Baker on 6/24/2019. Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. Sec 1915A. Plaintiff shall have 30 days from the entry of this order to file an amended complaint. Failure to file an amended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. Plaintiff's amended complaint will replace Plaintiff's original complaint in its entirety. Accordingly, the amended complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. Clerk is directed to send Plaintiff a blank complaint form. See written order.(Amended Pleadings due by 7/24/2019.) (KE, ilcd) [Transferred from Illinois Central on 8/2/2019.]
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| Filing 8 PDF with attached Audio File. Court Date & Time [ 6/21/2019 10:41:58 AM ]. File Size [ 873 KB ]. Run Time [ 00:01:49 ]. (admin). [Transferred from Illinois Central on 8/2/2019.] |
| Minute Entry for proceedings held on 6/21/2019 before Judge Harold A. Baker. Appearance by the Plaintiff Frederick Williams by telephone. Merit Review Hearing held. Allegations of the complaint discussed. Written order to be entered. (Tape #UR-C: 10:41AM.) (JMB, ilcd) [Transferred from Illinois Central on 8/2/2019.] |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 6/13/2019. Plaintiff filed a Motion to Request Counsel #3 . Plaintiff has no constitutional or statutory right to counsel in this case. In considering the Plaintiff's motion, the court asks: (1) has the indigent Plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself? Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Plaintiff has not shown that he made a reasonable effort to obtain counsel on his own. A plaintiff usually does this by attaching copies of letters sent to attorneys seeking representation and copies of any responses received. Because Plaintiff has not satisfied the first prong, the Court does not address the second. Plaintiff's motion #3 is DENIED with leave to renew.(KB, ilcd) [Transferred from Illinois Central on 8/2/2019.]
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| Filing 7 Telephone WRIT issued for 6/21/2019 telephone hearing. Copy of writ faxed to institution and original placed in mail. (ED, ilcd) [Transferred from Illinois Central on 8/2/2019.] |
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TEXT ORDER entered by Judge Harold A. Baker on 6/11/19. A merit review hearing is set for June 21, 2019, at 10:40 a.m., by telephone conference call from Urbana. The clerk is directed to issue a writ to insure plaintiffs appearance at this merit review hearing.(ED, ilcd) [Transferred from Illinois Central on 8/2/2019.]
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| Filing 6 +++ PRISONER TRUST FUND LEDGER. (LN, ilcd) [Transferred from Illinois Central on 8/2/2019.] |
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TEXT ORDER - Entered by Judge Colin Stirling Bruce on 4/26/2019 granting #4 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $40.85. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month`s income credited to Plaintiff`s account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff`s account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff`s place of confinement, to the attention of the Trust Fund Office. (LN, ilcd) [Transferred from Illinois Central on 8/2/2019.]
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| Filing 5 Letter from Clerk of Court requesting Trust Fund Ledgers. (LN, ilcd) [Transferred from Illinois Central on 8/2/2019.] |
| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Frederick H Williams. (LN, ilcd) [Transferred from Illinois Central on 8/2/2019.] |
| Filing 3 MOTION to Request Counsel by Plaintiff Frederick H Williams. Responses due by 5/6/2019. (LN, ilcd) [Transferred from Illinois Central on 8/2/2019.] |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Rock Island Division, 131 E 4th Street, Davenport, IA 52801.Merit Review Deadline set for 5/13/2019. (Attachments: #1 Notice Regarding Privacy Issues)(LN, ilcd) [Transferred from Illinois Central on 8/2/2019.] |
| Filing 1 COMPLAINT against all defendants, filed by Frederick H Williams. (Attachments: #1 Envelope) (LN, ilcd) [Transferred from Illinois Central on 8/2/2019.] |
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