Reynolds v. Ahmed et al
| Michael Curtis Reynolds |
| Warden Werlich and Fasil Vakil Ahmed |
| 3:2019cv01132 |
| October 18, 2019 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on November 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 11 CLERK'S JUDGMENT. Approved by Judge J. Phil Gilbert on 11/19/2019. (tjk) |
Filing 10
ORDER DISMISSING CASE without prejudice for Plaintiff's failure to comply with several court orders (Docs. 6, 7, and 9). This dismissal shall NOT count as one of Plaintiff's three allotted strikes under 28 U.S.C. Section 1915(g). The Clerk is DIRECTED to send a copy of this Order to the Trust Fund Officer at the Greenville Federal Correctional Institution upon entry of this Order. Signed by Judge J. Phil Gilbert on 11/19/2019. (tjk)
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Filing 9
ORDER DENYING #8 Plaintiff's Emergency Motion for a Preliminary Injunction seeking termination of Dr. Ahmed from employment at FCI-Greenville based on the death of an inmate due to the doctor's negligence. Neither negligence nor gross negligence give rise to liability under 42 U.S.C. 1983 or Bivens. McGill v. Duckworth, 944 F.2d 344, 347-48 (7th Cir. 1994), cert. denied 112 S. Ct. 1265. Therefore, Plaintiff's allegation of negligence does not support an actionable claim, let alone a request for injunctive relief. Moreover, because Plaintiff has not filed a Complaint or paid the $400.00 filing fee for this action, the Court cannot screen this matter, determine the scope of his claims, or decide whether interim relief is warranted. Plaintiff's Complaint and filing fee remain due on or before November 8, 2019. Failure to file the Complaint and pay the full $400.00 filing fee by this deadline will result in dismissal of this case. See. Fed. R. Civ. P. 41(b). Signed by Judge J. Phil Gilbert on 11/1/2019. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 Emergency MOTION for Preliminary Injunction by Michael Curtis Reynolds. (jsm2) |
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Filing 7
ORDER DENYING #3 Motion for Leave to Proceed in forma pauperis ("IFP"). Prior to filing this action, Plaintiff filed more than three lawsuits as a prisoner that were dismissed as being frivolous, malicious, or meritless. See Reynolds v. United States, No. 14-cv-01733-RPC-JVW (M.D. Pa. Feb. 28, 2007) (Doc. 7) (collecting cases). As a result, Plaintiff cannot proceed IFP, unless he faces imminent danger of serious physical injury. See 28 U.S.C. 1915(g). In his Emergency Expedited Injunction Motion (Doc. 1), Plaintiff did not set forth allegations suggesting that he is in imminent danger of serious injury. Therefore, the IFP Motion is DENIED. Plaintiff must prepay his full $400.00 filing fee for this action on or before November 8, 2019. (See Doc. 6). Failure to do so will result in dismissal of the case under Federal Rule of Civil Procedure 41(b). (Id.). In his IFP Motion, he also failed to disclose any of his numerous prior "strikes" as defined under 28 U.S.C. 1915(g). Plaintiff is hereby WARNED that his future failure to disclose his "struck out" status when seeking leave to proceed as a poor person in this District will result in sanctions that include, among other things, dismissal of his case with prejudice. Signed by Judge J. Phil Gilbert on 10/28/2019. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Filing fee due by 11/8/2019. (jsm2) |
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Filing 6
ORDER: Plaintiffs Emergency Expedited Injunction for Medical Malpractice Due to Unlicensed Medical Practitioner Doctor Ahmed (Doc. #1 ) is DENIED without prejudice. The Court cannot screen a Complaint or consider a motion for injunctive relief until it receives a Complaint. If Plaintiff wishes to pursue this action, he must file a Complaint on or before November 8, 2019. Failure to do so will result in dismissal of this action under Federal Rule of Civil Procedure 41(b). Signed by Judge J. Phil Gilbert on 10/25/2019. (bps)
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| Complaint due by 11/8/2019. (bps) |
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Filing 5
ORDER REASSIGNING CASE. In accordance with Administrative Order No. 188, this case is reassigned to Judge J. Phil Gilbert for all further proceedings. Judge Staci M. Yandle no longer assigned to case. All future documents should reference case number 19-1132-JPG. Signed by Judge Staci M. Yandle on 10/24/2019. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Michael Curtis Reynolds. (jsm2) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-cv-1132-SMY. Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. 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 10/18/2019. (Attachments: #1 Motion for IFP).(jsm2)
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| Filing 1 MOTION for Emergency Expedited Preliminary Injunction for Medical Malpractice by Michael Curtis Reynolds. (jsm2) |
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