Ezebuiroh v. Doe et al
| Jerry B. Ezebuiroh |
| John Doe and C/O Doe |
| 3:2019cv01043 |
| September 25, 2019 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2019. A more recent docket listing may be available from PACER.
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Filing 10
ORDER FINDING AS MOOT #9 Plaintiff's Motion in Response to Doc. 4. The Court already entered an 6 Order Dismissing Case on October 17, 2019. Plaintiff filed an Amended Complaint in Ezebuiroh v. Doe, No. 19-cv-00729-JPG (S.D. Ill. filed July 8, 2019) ("Case 19-cv-729"). If he has any further questions or concerns about the status of the Amended Complaint, he should file a motion in Case No. 19-cv-00729-JPG. This case remains CLOSED. Signed by Judge J. Phil Gilbert on 10/25/2019. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 MOTION in Response to Order at 4 by Jerry B. Ezebuiroh. (jaj) |
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Filing 8
ORDER DENYING as MOOT #7 Plaintiff's Motion Not to Pursue Case. The Court already entered an 6 Order Dismissing Case on October 17, 2019. The case is CLOSED. Signed by Judge J. Phil Gilbert on 10/23/2019. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION not to Pursue Case by Jerry B. Ezebuiroh. (jaj) |
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Filing 6
ORDER DISMISSING CASE: Plaintiff was ordered (Doc. 4) to notify the Court in writing on or before October 10, 2019, of his intentions to file the #1 Complaint in this case as the First Amended Complaint in a duplicative case he filed two months earlier, Ezebuiroh v. Doe, No. 19-cv-00729-JPG (S.D. Ill. filed July 8, 2019) ("Case No. 19-cv-729"). He was warned that failure to respond to the Court's Order (Doc. 4) by the deadline would result in dismissal of this duplicative case without prejudice and with a filing fee. Plaintiff missed the deadline for responding and has not notified the Court of his intentions. He instead filed a Motion for Recruitment of Counsel (Doc. 5). Under the particular circumstances presented, the Court will not allow these duplicative cases to proceed in parallel. Serlin v. Arthur Anderson & Co., 3 F.3d 221, 223 (7th Cir. 1993) (district court may dismiss a federal suit "for reasons of wise judicial administration...whenever it is duplicative of a parallel action already pending in another federal court."). The Clerk is DIRECTED to CLOSE this case and RETURN Documents 1, 2, and 5 to Plaintiff for re-filing in Case No. 19-cv-729, if he so chooses. The filing fee for this action is deemed SATISFIED. All pending motions (Docs. 2 and 5) are DENIED as MOOT. Signed by Judge J. Phil Gilbert on 10/17/2019. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION for Recruitment of Counsel by Jerry B. Ezebuiroh. (jaj) |
| Set/Reset Deadlines: Action due by 10/10/2019. (dkd) |
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Filing 4
ORDER: This new case was opened when the Court received Plaintiff's #1 Complaint and #2 Motion for Leave to Proceed in forma pauperis ("IFP") on September 25, 2019. Plaintiff may have intended to file these documents in another pending case: Ezebuiroh v. Doe, et al., Case No. 19-cv-00729-JPG (S.D. Ill. filed July 8, 2019) ("Case 19-729-JPG"). The Complaints in both cases name the same defendants and assert similar claims against Marion County Law Enforcement officials. Plaintiff mailed the Complaint to the Court on the same day he was ordered to prepare a "First Amended Complaint" for filing in Case 19-729-JPG. The two actions appear to be duplicative. Until Plaintiff clarifies this matter, the Court will not screen the Complaint at Doc. 1. Plaintiff is hereby ORDERED to advise the Court, in writing, within 14 days (on or before October 10, 2019), whether he would like the Complaint at Doc. 1 filed as the "First Amended Complaint" in Case 19-cv-729-JPG. If so, the Court will direct the Clerk to file Doc. 1 as the "First Amended Complaint" in Case 19-cv-729-JPG and close this case--without prejudice and without an additional filing fee for this action. However, failure to respond to this Order by the deadline will result in dismissal of this duplicative case without prejudice and WITH a filing fee, for failure to comply with a court order and/or prosecute his claims. See Fed. R. Civ. P. 41(b). The Clerk is DIRECTED to provide Plaintiff with a courtesy copy of the Complaint at Doc. 1 for his reference. Signed by Judge J. Phil Gilbert on 9/26/2019. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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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 19-1043-JPG. 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 J. Phil Gilbert on 9/25/2019. (jaj)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jerry B. Ezebuiroh. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Jerry B. Ezebuiroh.(jaj) |
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