Donald v. Warden et al
Carey B. Donald |
Warden, Chief Administrative Officer and Medical Director |
3:2019cv00992 |
September 11, 2019 |
US District Court for the Southern District of Illinois |
Staci M Yandle |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 |
None |
Docket Report
This docket was last retrieved on November 9, 2020. A more recent docket listing may be available from PACER.
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Set/Reset Deadlines: Amended Pleadings due by 12/5/2019. (jsm2) |
Filing 6 ORDER: This matter does not survive 28 U.S.C. 1915A review, and the Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. The Motion for Recruitment of Counsel (Doc. #3 ) is DENIED without prejudice. Plaintiff is GRANTED leave to file a First Amended Complaint on or before December 5, 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. The Clerk of Court is DIRECTED to mail Plaintiff a blank civil rights complaint form. Signed by Judge Staci M. Yandle on 11/5/2019. (ksp) |
Filing fee: $ 400.00, receipt number 34625096269 (amv) |
Set/Reset Deadlines: Action due by 10/15/2019. (jsm2) |
Filing 5 ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #2 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. Section 1915(a)(1). The Court is not satisfied from Donald's affidavit that he is indigent. Plaintiff's trust fund account balance as of August 23, 2019 was $460.16 (Doc. #2 ). Plaintiff lists no monthly expenses. Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Plaintiff shall pay the $400.00 filing fee no later than October 15, 2019. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). 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). Signed by Judge Staci M. Yandle on 9/13/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 4 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-cv-992-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 9/11/2019. (jsm2) |
Filing 3 MOTION for Recruitment of Counsel by Carey B. Donald. (jsm2) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Carey B. Donald. (jsm2) |
Filing 1 COMPLAINT against All Defendants filed by Carey B. Donald.(jsm2) |
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