Pennington, Jr. v. Lillard
| Robert Lamont Pennington, Jr. |
| John Thomas Lillard and Jhon Thomas Lillard |
| 3:2019cv01321 |
| December 2, 2019 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 9 MOTION for status. See #8 , by Robert Lamont Pennington, Jr.. (jaj) |
| Filing 8 NOTICE of Change of Address by Robert Lamont Pennington, Jr. from Jerome Combs Detention Center to the Livingston Sheriff's Department. (jaj) |
Filing 7
ORDER DISMISSING CASE: In response to the Court's Order dated December 3, 2019 (Doc. 3 ) Plaintiff has informed the Court that he does not wish to proceed with this case (Doc. #6 ). Consequently, this action is ADMINISTRATIVELY CLOSED and no filing fee will be assessed. This dismissal shall not count as a "strike" within the meaning of 28 U.S.C. 1915(g). Signed by Judge Staci M. Yandle on 12/18/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 RESPONSE to 3 Order filed by Robert Lamont Pennington, Jr.. Plaintiff does not wish to proceed with this complaint. (jaj) |
| Filing 5 NOTICE to Plaintiff STRIKING #4 Consent/Non-Consent to US Magistrate Judge: Plaintiff has two cases pending in this district. After reviewing Plaintiff's Consent/Non-Consent form, it is evident that the form, which was signed on November 27, 2019 and does not include a case number, was mistakenly filed in the instant action. Accordingly, the pleading is STRICKEN from this action. The Consent/Non-Consent form has been correctly filed in Plaintiff's earlier filed action, Pennington v. Lillard, No. 19-cv-00228-SMY-MAB.(dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 4 STRICKEN PER ORDER AT DOC. 5 - CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) Modified on 12/4/2019 (mar). |
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Filing 3
ORDER: This case appears to be duplicative of another case that is pending in this District, Pennington v. Lillard, No. 19-cv-00228-SMY-MAB (S.D.Ill. filed Feb. 19, 2019) ("original case"). A comparison of the Complaint filed in this case on December 2, 2019 and an Amended Complaint filed in the original case on June 24, 2019, reveals that both cases involve the same defendant (Lillard) and substantially similar claims (i.e., brought under 42 U.S.C. 1983 alleging a violation of Plaintiffs Fourth Amendment rights). Plaintiff did not prepay the $400.00 filing fee for a new action or file a Motion for Leave to Proceed in forma pauperis ("IFP Motion"). Plaintiff is hereby ORDERED to advise the Court, in writing in this case (No. 19-cv-01321-SMY), on or before January 2, 2020 whether he intends to pursue this new action. If Plaintiff timely advises the Court that this case is duplicative of the original case, the Court will close this case without assessing a $400.00 filing fee for this matter. Plaintiff will then proceed with his claims in the original case, as though this case was never opened. If Plaintiff instead decides to pursue this separate action, he remains obligated to prepay the full $400.00 filing fee or file a properly completed IFP Motion in this case no later than January 2, 2020. This is in addition to any filing fee obligation he already incurred in the original case. Failure to timely respond to this Order may result in the dismissal of this action with the assessment of a filing fee. See Fed. R. Civ. P. 41(b). Preliminary review of the Complaint (Doc. 1) is DEFERRED until Plaintiff confirms, in writing, his intent to proceed with this case and prepays the filing fee or files an IFP motion. Signed by Judge Staci M. Yandle on 12/3/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-cv-1321-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 12/2/2019. (Attachments: #1 Motion for IFP).(jsm2)
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| Filing 1 COMPLAINT against John Thomas Lillard, filed by Robert Lamont Pennington, Jr.(jsm2) |
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