Mason v. Cecil
| Mickey Mason |
| Heather Cecil, Piper, Joshua Young, DeeDee Brookhart, Mary Weaver, Rob Jeffreys, Dan Downer, Russell L. Goins, Christopher Waltz, B. Loy, C/O Fitch, John/Jane Doe 1, John Doe 3, N. Pluckett, Amy Burle, K. Ulrich, Shay Allen, Pluckett, John Doe 2, Robert Reid, L. Livingston, John Doe 1 and John/Jane Doe 2 |
| 3:2019cv01375 |
| December 17, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 20, 2023. A more recent docket listing may be available from PACER.
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Filing 24
ORDER granting #23 Motion for Extension of Time. Response to the Motion for Preliminary Injunction due by March 13, 2020. Signed by Chief Judge Nancy J. Rosenstengel on 2/14/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Set/Reset Deadlines as to #7 MOTION for Preliminary Injunction. Responses due by 3/13/2020 (rah)
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Filing 23
MOTION for Extension of Time to Respond to Motion for Preliminary Injunction [Doc. 7] by Amy Burle, Rob Jeffreys. (Powell, Jennifer)
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Filing 22
MOTION for Reconsideration re #14 Order for Service of Process - Prisoner by Mickey Mason. (jaj)
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Filing 21
WAIVER OF SERVICE Returned Executed Amy Burle waiver sent on 1/30/2020, answer due 3/30/2020. (jaj)
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Filing 20
NOTICE of Appearance by Jennifer Renee Powell on behalf of Amy Burle (Powell, Jennifer)
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Filing 19
NOTICE of Appearance by Jennifer Renee Powell on behalf of Rob Jeffreys (Powell, Jennifer)
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Filing 18
WAIVER OF SERVICE Returned Executed Rob Jeffreys waiver sent on 1/30/2020, answer due 3/30/2020. (tjk)
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Filing 17
REQUEST FOR WAIVER of Service sent to Brookhart, Goins, Cecil, Reid, N. Pluckett, Weaver, Pluckett, Piper, Young, Fitch, Allen, Ulrich, Loy, Livingston, Waltz, and Downer on 1/30/2020. Waiver of Service due by 3/2/2020. (tjk)
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Filing 16
REQUEST FOR WAIVER of Service sent to Burle on 1/30/2020. Waiver of Service due by 3/2/2020. (tjk)
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Filing 15
REQUEST FOR WAIVER of Service sent to Jeffreys on 1/30/2020. Waiver of Service due by 3/2/2020. (tjk)
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Filing 14
Order: The Complaint survives preliminary review pursuant to Section 1915A. The Clerk of Court is DIRECTED to serve process upon Brookhart, Goins, Cecil, Reid, N. Pluckett, Weaver, Pluckett, Piper, Young, Fitch, Allen, Ulrich, Loy, Livingston, Waltz, Downer, Burle, Jeffreys, and John Does 1-3 (once identified) and to TERMINATE John/Jane Does 1, Mail Room Staff, and John/Jane Does 2, Internal Affairs as defendants in this action. Clerk is also DIRECTED to ADD John Doe 3, 1st Shift Lieutenant, to the docket as a defendant in accordance with footnote 1 and to rename the pleading at Doc. #1 in accordance with footnote 2. The request for a temporary restraining order is DENIED without prejudice, and the requests for a preliminary injunction regarding interference with legal mail, denial of access to courts, and medical treatment are DENIED without prejudice. The request for a preliminary injunction regarding retaliation and harassment by staff at Lawrence is DEFERRED. Defendants are ORDERED to respond to the request for preliminary injunction within 14 days of service of the pleadings in this case. The request for recruitment of counsel is also DENIED without prejudice.(See Doc. #7 ). Signed by Chief Judge Nancy J. Rosenstengel on 1/29/2020. (jrj)
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Filing 13
NOTICE to Provide Information by Mickey Mason. (jaj)
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Filing 12
NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned Chief Judge Nancy J. Rosenstengel.. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
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Filing 10
COMPLAINT against All Defendants filed by Mickey Mason. (Attachments: #1 Part 2)(jaj)
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Filing 9
NOTICE FROM CLERK Instructing Mason to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Mason on 1/16/2020. Consent due by 2/6/2020 (tjk)
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Initial Prisoner Filing Fee: $ 34.44 received, receipt number 34625098792 (amv)
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Initial Prisoner Filing Fee: $ 20.00 received, receipt number 34625098790 (amv)
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Filing 8
DECLARATION IN SUPPORT OF #7 MOTION for Preliminary Injunction and #1 Complaint by Mickey Mason. (jaj)
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Filing 7
MOTION for Preliminary Injunction by Mickey Mason. (Attachments: #1 Exhibits part 1, #2 Exhibits part 2, #3 Exhibits part 3)(jaj)
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Filing 6
RESPONSE - Notice to Provide Information to Honorable Chief Judge Nancy J. Rosenstengel re: 4 Order filed by Mickey Mason. (jaj)
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Filing 5
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $54.44. 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 Lawrence Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 1/2/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
ORDER. Plaintiff commenced this action by submitting an Electronic Filing Cover Sheet form along with several exhibits and grievances (Doc. #1 ), and a Motion for Leave to Proceed in forma pauperis ("IFP Motion") (Doc. #2 ). The Federal Rules of Civil Procedure provide that "[a] civil action is commenced by filing a complaint with the court." Fed. R. Civ. P. 3. In other words, "the first step in the action is the filing of the complaint." Id., Advisory Committee Notes, 1937 Adoption. No complaint has been filed in this case, and the instant filing cannot be considered an adequate complaint. Although the IFP Motion lists a defendant, the Electronic Filing Cover Sheet form and grievances do not adequately identify the parties Plaintiff is attempting to sue, contain a statement of facts or allegations, and do not specify a request for relief. See Fed. R. Civ. P. 8. IT IS THEREFORE ORDERED that, should he wish to further pursue this action, Plaintiff shall file a complaint on or before January 24, 2020. Alternatively, if Plaintiff did not intend to initiate a civil action, he shall file his notice of voluntary dismissal with the Court by this same deadline. If Plaintiff timely files a notice of voluntary dismissal, no filing fee shall be assessed. Failure to respond to this order by the prescribed deadline will result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b), and Plaintiff will remain obligated to pay the filing fee. See 28 U.S.C. 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). The Clerk of Court is further DIRECTED to send Plaintiff a copy of this Order, along with a Pro Se Civil Rights Complaint form and the Instructions for Filing a Pro Se Civil Complaint for Civil Rights Violations or Other Civil Claims Filed by a Person in Custody. Finally, Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk of Court and each opposing party informed of any change in his address; the Court will not independently investigate his whereabouts. This shall be done in writing and not later than seven (7) days after a transfer or other change in address occurs. Failure to timely submit a change of address will cause a delay in the transmission of court documents and may result in dismissal of this action for want of prosecution. See Fed. R. Civ. P. 41(b). Signed by Chief Judge Nancy J. Rosenstengel on 12/20/2019. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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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 19-1375-NJR. 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 Chief Judge Nancy J. Rosenstengel on 12/19/2019. (jaj)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Mickey Mason. (jaj)
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Filing 1
COMPLAINT against Heather Cecil filed by Mickey Mason. (Attachments: #1 part 2)(jaj)
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