Gakuba v. Wright et al
| Peter Gakuba |
| Karen Pannier, Catherine Wright, Angela Mize, Matthew Swells, Serina Lane, Travis Bayler, Sarah Robertson, IDOC, John Barwick, Rob Jeffrys, Vienna Correctional Center and Vienna Mail Room Staff |
| 3:2019cv01274 |
| November 19, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 20
ORDER denying as moot #19 Motion to Substitute Party. There are no claims against the dietary director in Plaintiffs present case. Plaintiffs claims against the dietary director are in Gakuba v. Henderson, Case No. 19-cv-1273. Signed by Chief Judge Nancy J. Rosenstengel on 1/13/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 MOTION to Substitute Party by Peter Gakuba. (jsm2) |
| Filing 18 REQUEST FOR WAIVER of Service sent to Pannier on 1/6/2019. Waiver of Service due by 2/5/2020. (tjk) |
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Filing 17
Order for Service of Process upon Karen Pannier, DENYING #4 MOTION for Recruitment of Counsel filed by Peter Gakuba, #14 MOTION for Equitable Relief filed by Peter Gakuba. Vienna Mail Room Staff #1-10, IDOC, Vienna Correctional Center, Serina Lane, Rob Jeffrys, Sarah Robertson, Matthew Swells, John Barwick, Catherine Wright, and Travis Bayler are DISMISSED without prejudice and the Clerk is DIRECTED to TERMINATE them from the docket. Signed by Chief Judge Nancy J. Rosenstengel on 1/6/2020. (anp)
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Filing 16
ORDER: Now that Plaintiff has opted to proceed with this action, the Court will review the complaint to identify claims and defendants and to dismiss any legally insufficient claims. See 28 U.S.C. 1915A. The Court will conduct this review within the next 60 days. The Court will then inform Plaintiff of the findings in a Merit Review Order. No other action will be taken in the case during this time, absent extraordinary circumstances. Therefore, Plaintiff need not submit any evidence, argument, motions, or documents. If Plaintiff does not receive a Merit Review Order within the next 60 days, s/he may file a motion requesting the status of the case. The Court will not consider a status motion at any time prior to the 60-day deadline. If Plaintiff has filed a motion for recruitment of counsel, it will not be considered until the complaint is reviewed. In addition, any motion for recruitment of counsel must include evidence of Plaintiffs own efforts to find counsel such as a list of attorneys contacted and copies of letters sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If Plaintiffs claim(s) survive the merit review, the Court will send a Notice of Lawsuit and Waiver of Service Form to the appropriate defendant(s). This will be the first time the defendant(s) will be informed of the lawsuit. After a defendant signs the waiver and returns it, that defendant will then have 60 days to file an answer to the complaint. If a defendant does not return the completed waiver, the Court will follow up as necessary to complete service on that defendant. When all of the defendants have filed answers, the Court will enter a Scheduling Order containing important information on deadlines, discovery, and procedures. All requests for file-stamped copies of documents must be accompanied by a stamped, self-addressed envelope and an extra copy of the document to be filed-stamped and returned. The Clerk cannot photocopy documents for Plaintiff unless the copy fee of $0.50 per page is submitted in advance. Finally, Plaintiff must promptly notify the court in writing of any change of address. Failure to notify the court of a change in address could result in the dismissal of this case. Signed by Chief Judge Nancy J. Rosenstengel on 1/6/2020. (tjk)
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Filing 15
ORDER: Plaintiff has opted to proceed with this action and is obligated to pay the $350.00 filing fee. Plaintiff is granted leave to proceed in forma pauperis based on his application in the original case, 19-cv-1081-SMY. Pursuant to 28 U.S.C. 1915(b)(1), and based on Plaintiff's previously submitted trust fund records for the six months immediately prior to the date the original case was filed, Plaintiff is assessed an initial partial filing fee of $1.63. 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. 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 Vienna Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 1/6/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 Emergency MOTION for Equitable Relief by Peter Gakuba. (jsm2) |
| Filing 13 AMENDED COMPLAINT against John Barwick, Travis Bayler, IDOC, Rob Jeffrys, Serina Lane, Karen Pannier, Sarah Robertson, Matthew Swells, Vienna Correctional Center, Vienna Mail Room Staff, Catherine Wright, filed by Peter Gakuba.(jsm2) |
| Set/Reset Deadlines: Action due by 1/23/2020. (jsm2) |
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Filing 12
ORDER granting in part and denying in part #11 Motion for Extension of Time. Plaintiff seeks an extension to March 9, 2020 to decide if he wants to pursue this case. Plaintiff indicates that he wants to see if his other pending case (Case No. 19-cv-1081-SMY) will be resolved before deciding if he will pursue the present suit. To the extent that Plaintiff seeks a lengthy extension, the Court DENIES that request. Plaintiffs other pending case is unrelated to the claims in this case. Plaintiff has already received one extension to decide if he wishes to pursue this case. The Court will GRANT Plaintiff an additional extension to January 23, 2020. No further extensions will be granted absent a showing of good cause. Signed by Chief Judge Nancy J. Rosenstengel on 12/19/2019. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 MOTION for Extension of Time by Peter Gakuba. (jsm2) |
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Filing 10
ORDER denying #9 Amended Motion to Stay. The Court has already granted Plaintiff an extension of time to 1/9/2020 to decide if he wishes to pursue this case. Plaintiff fails to offer any change in circumstances that would warrant a further extension. The deadline to decide if he wishes to proceed with this lawsuit remains 1/9/2020. Signed by Chief Judge Nancy J. Rosenstengel on 12/12/2019. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Action due by 1/9/2020. (jsm2) |
| Filing 9 Amended MOTION to Stay by Peter Gakuba. (jsm2) |
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Filing 8
ORDER denying #6 Motion to Stay. Although the Court will not stay the deadline for Plaintiff to decide if he wants to proceed with this action until a determination on pending motions in his other cases, the Court will grant Plaintiff a short extension. Deadline for informing the Court whether or not Plaintiff wishes to proceed with his case is reset for 1/9/2020. Plaintiff is reminded that if he chooses to go forward with this case, the Court will assess an initial partial filing fee (if appropriate) and screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. Signed by Chief Judge Nancy J. Rosenstengel on 12/9/2019. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 7
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. The 21-day deadline set forth in this 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. Consent due by 12/23/2019. Signed by Chief Judge Nancy J. Rosenstengel on 12/2/2019. (Attachments: #1 Administrative Order)(dkd)
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| Filing 6 MOTION for Stay by Peter Gakuba. (jsm2) |
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Filing 5
ORDER: On November 19, 2019, this case was severed from Gakuba v. Swells, et al, SDIL Case No. 19-cv-1081-SMY. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay an additional $350.00 filing fee in this case. Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until December 26, 2019 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, the Court will assess an initial partial filing fee (if appropriate) and screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. (Action due by 12/26/2019). Signed by Chief Judge Nancy J. Rosenstengel on 11/19/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 MOTION for Recruitment of Counsel by Peter Gakuba. (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Peter Gakuba. (jaj) |
| Filing 2 COMPLAINT against All Defendants filed by Peter Gakuba.(jaj) |
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Filing 1
MEMORANDUM AND ORDER severing case number 19-1081-SMY. Signed by Judge Staci M. Yandle on 11/18/2019. (jaj)
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