Nichols v. Hulsey et al
| Lee E. Nichols |
| Patrick Hulsey and Kevin Smith |
| 3:2019cv01151 |
| October 23, 2019 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 NOTICE of Change of Address. (kdw) |
Filing 12
ORDER Directing Monthly Payments be made from Prison Account of Nichols, granting #2 MOTION for Leave to Proceed in forma pauperis filed by Lee E. Nichols. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff's signed consent form, the Clerk shall mail a copy of this Memorandum and Order and an executed copy of the consent form to the Warden at McDowell Federal Correctional Institution, as well as e-mail a copy of this Memorandum and Order and an executed copy of the consent form to the Trust Fund Management Staff at McDowell Federal Correctional Institution. Signed by Judge J. Phil Gilbert on 12/12/2019. (tjk)
|
| Filing 11 Notice of Declination to Consent: A party to this action has declined to consent to magistrate judge jurisdiction. Accordingly, pursuant to Administrative Order 257, this case shall REMAIN with District Judge J. Phil Gilbert. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
|
Filing 9
ORDER: Pursuant to Administrative Order 257, this case has not been selected for potential reassignment to a Magistrate Judge. Accordingly the case will REMAIN with Judge J. Phil Gilbert. Should the parties elect to consent to have the Magistrate Judge conduct all proceedings in this matter, the Notice and Consent to Proceed Before a Magistrate Judge form shall be filed within 14 days of this Order or before the deadline for filing dispositive motions, whichever is later. Consents filed after this deadline may not be accepted by the District Judge.. Signed by Judge J. Phil Gilbert on 11/22/2019. (Attachments: #1 Administrative Order)(kdw)
|
| Filing 8 Letter from Plaintiff to Court regarding Certification of Trust Fund Statement. (jaj) |
| Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 6 Affidavit, Filing Fee Received. Filed in the incorrect case. Documents removed.(jaj) |
| Filing 6 ENTRY STRICKEN - Payment History re Filing Fee Received. (jaj) Modified on 11/1/2019 (jaj). |
| Filing 5 Prisoner Trust Fund Account Statement. (jaj) |
| ENTRY STICKEN - Filing fee paid in full in the amount of $ 350.00. (jaj) Modified on 11/1/2019 (jaj). |
|
Filing 4
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 4/1/2019 to 10/23/2019 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 McDowell FCI. (Trust Fund Statement due on or before 12/9/2019). Signed by Judge J. Phil Gilbert on 10/24/2019. (tjk)
|
|
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 19-1151-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 10/23/2019. (jaj)
|
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Lee E. Nichols. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Lee E. Nichols.(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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
