Abernathy v. Heinfer et al
| Edward Abernathy |
| C/O Payne, C/O Maddox, Lt. Kamos, C/O Wink, C/O Mims, Cheryl Bolling, C/O Reinhold, Lt. Baker, Klyee Heinfer, C/O Hagston, C. Hale, Paul Williams, Counselor Reid, Counselor Samoliski, Mr. Love, Tyler King, S. Thompson, C/O Peskta, C/O Bell, Sgt. Bailford, C/O Mezo, Ms. Hill, Warden Thompson, Dean, Charles W. Heck, Christopher Scott Thompson, Andrea D. Presley and John Hagis |
| 3:2019cv01207 |
| November 4, 2019 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 2, 2023. A more recent docket listing may be available from PACER.
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Filing 25
MOTION to Add More Evidents by Edward Abernathy. (jaj)
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Filing 24
MOTION to Add to Records File by Edward Abernathy. (jaj)
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Filing 23
MOTION to Renew Request for Recruitment of Counsel by Edward Abernathy. (jaj)
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Filing 22
MOTION to Add to File by Edward Abernathy. (jaj)
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Filing 21
MOTION to Add Evident to File by Edward Abernathy. (jaj)
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Filing 20
MOTION to Add Records by Edward Abernathy. (jaj)
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Filing 19
MOTION to Add with Files by Edward Abernathy. (jaj)
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Filing 18
SECOND MOTION to Add to Record by Edward Abernathy. (jaj)
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Filing 17
MOTION to Add to Filing by Edward Abernathy. (jaj)
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Filing 16
MOTION to Add Records by Edward Abernathy. (jaj)
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Filing 15
MOTION to Add to Record by Edward Abernathy. Proposed Supplement received and under review. (jaj)
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Filing 14
SUPPLEMENT by Edward Abernathy. Supplement to #1 Complaint. (jaj)
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Filing 13
ORDER re #11 Order Selecting Case for Reassignment: The 21-day deadline set forth in the Court's Order does not apply to unserved parties. Deadlines for newly served parties to consent or decline to consent to proceed before a Magistrate Judge will be set by the Court at a later date. Signed by Judge Staci M. Yandle on 12/3/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 11
ORDER: Pursuant to Administrative Order 257, this case has been selected for reassignment to a Magistrate Judge. Within 21 days of this Order, any party not previously having filed a Notice and Consent to Proceed before a Magistrate Judge Jurisdiction form in this case must file the attached form indicating that party's consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent due by 12/11/2019.. Signed by Judge Staci M. Yandle on 11/20/2019. (Attachments: #1 Administrative Order)(kdw)
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Filing 10
ORDER GRANTING Plaintiff 's motion to proceed in forma pauperis ("IFP") (Docs. #2 , #6 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $10.03. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Pinckneyville Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 11/15/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
COMPLAINT against All Defendants filed by Edward Abernathy.(jsm2)
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Filing 8
EXHIBITS by Edward Abernathy re #1 Complaint filed by Edward Abernathy. Related document: #1 Complaint filed by Edward Abernathy.(jaj)
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Filing 7
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 6
MOTION for Leave to Proceed in forma pauperis by Edward Abernathy. (jaj)
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Filing 5
ORDER re #1 Complaint filed by Edward Abernathy. Plaintiff filed an unsigned Complaint pursuant to 42 U.S.C. 1983 on November 4, 2019. 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." To proceed with this action, Plaintiff is ORDERED to submit a properly signed Complaint, including exhibits, on or before December 3, 2019. Failure to comply with this order shall result in the striking of the Complaint and the dismissal of this action. See Fed. R. Civ. P. 41(b). To enable Plaintiff to comply with this Order, the CLERK of Court is DIRECTED to return a copy of the Complaint (Doc. 1) to Plaintiff along with this Order. Signed by Judge Staci M. Yandle on 11/5/2019. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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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 19-1207-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 11/4/2019. (jaj)
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Filing 3
MOTION to Appoint Counsel by Edward Abernathy. (jaj)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Edward Abernathy. (jaj)
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Filing 1
COMPLAINT against All Defendants filed by Edward Abernathy.(jaj)
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