Spence v. Sullivan et al
| Gregory Spence |
| Daniel Sullivan and Debbie Isaac |
| 3:2019cv01280 |
| November 21, 2019 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 Plaintiff has informed the Court that he does not wish to proceed with this case. Consequently, this action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). This dismissal shall not count as a "strike" within the meaning of 28 U.S.C. 1915(g), and the record shall reflect that the filing fee is satisfied and no payments shall be collected from Plaintiff. Signed by Judge Staci M. Yandle on 12/4/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 MOTION to Dismiss by Gregory Spence. Responses due by 1/6/2020. (jsm2) |
Filing 4
ORDER: On November 21, 2019, this case was severed from Spence v. Sullivan, et al, SDIL Case No. 19-cv-991-NJR. 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 Judge Staci M. Yandle on 11/21/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Gregory Spence. (jaj) |
| Filing 2 COMPLAINT against All Defendants filed by Gregory Spence.(jaj) |
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Filing 1
MEMORANDUM AND ORDER severing case 19-991-NJR. Signed by Chief Judge Nancy J. Rosenstengel on 11/20/2019. (jaj)
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