Jones v. Wall
| Reginald Jones |
| C. Wall |
| 3:2019cv01386 |
| December 23, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 11
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-1281-NJR. Pursuant to 28 U.S.C. 1915(b)(1), and based on Plaintiffs 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 $10.48. 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 previous Order Directing Payments from Plaintiff's account (Doc. 7) was vacated per Court Order at Doc. 10. No payments have yet been made in this case. The Clerk is DIRECTED to send a copy of the order at Doc. 10 and a copy of this Order to the Trust Fund Officer at Menard Correctional Center. Signed by Chief Judge Nancy J. Rosenstengel on 2/14/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
ORDER REOPENING CASE: This case was severed from No. 19-1281 on December 23, 2019. Plaintiff was ordered to inform the Court in writing by January 26, 2020, as to whether he wished to proceed with this lawsuit and was warned that a failure to respond would result in a dismissal of his case (Doc. 4). Plaintiff did not respond by the deadline and the case was dismissed on February 5, 2020. (Doc. 7). Plaintiff has now filed a motion requesting that the Court reconsider the dismissal order and reinstate this case. He argues that he did not receive the order from the Court ordering him to notify the Court of his intention to proceed with this lawsuit. The Court GRANTS Plaintiff's motion (Doc. #9 ) and VACATES the Court's Dismissal Order (Doc. 7) and Judgment (Doc. #8 ). The Clerk of Court is also DIRECTED to REINSTATE Plaintiff's motion for leave to proceed in forma pauperis (Doc. #3 ). The Court further notes that Plaintiff argues he did not receive a copy of Doc. #5 in this case. This document was a motion for emergency injunctive relief filed by Plaintiff and denied by the Court on January 9, 2020 (Doc. 6). Prison staff are not required to provide a copy of Plaintiffs own filings, only a copy of the first page, along with the Notice of Electronic Filing (NEF). See General Order No. 18-0014. Signed by Chief Judge Nancy J. Rosenstengel on 2/12/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 MOTION to Reinstate Case by Reginald Jones. (jsm2) |
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Filing 8
VACATED PER ORDER AT DOC. 10 - CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 2/5/2020. (tjk) Modified on 2/13/2020 (jsm2).
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Filing 7
VACATED PER ORDER AT DOC. 10 - ORDER DISMISSING CASE: Plaintiff was ordered to affirmatively notify the Court whether he wanted to proceed with this case or voluntarily dismiss it (Doc. #4 ). Plaintiff was also warned that his failure to respond would result in this case being dismissed without prejudice (Doc. #4 ). The deadline for responding has expired and the Court has not heard from Plaintiff. Consequently, this case is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to follow an order of the Court and failure to prosecute. The Clerk of Court is DIRECTED to enter judgment accordingly. Furthermore, despite the dismissal, Plaintiff remains obligated to pay the full filing fee. 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 $10.48. 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 Menard Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 2/4/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 2/13/2020 (jsm2).
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Filing 6
ORDER denying #5 Motion for Emergency Ex Parte Communication and Asylum. Plaintiff has filed a motion requesting the Court for asylum for himself and his family based on events at Menard Correctional Center ("Menard"), where he is currently incarcerated. He states that correctional officers at Menard are retaliating against him by physically assaulting him, threatening his life, and denying him basic necessities, such as a working toilet and running water. He also fears for the safety of his family. The Court construes his request as a motion for a temporary restraining order and preliminary injunction. This case was severed from Jones v. Unknown Party, No. 19-cv-1281-NJR and contains one claim designated as Count 1 described as an Eighth Amendment claim against Defendant Wall for excessive force while Plaintiff was incarcerated at Pinckneyville Correctional Center. (Doc. #1 ). Injunctive relief is appropriate only if it seeks relief of the same character sought in the underlying suit. Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994); Daniels v. Dumsdorff, No. 19-cv-00394-NJR, 2019 WL 3322344 at *1 (S.D. Ill., July 24, 2019). The claims in this motion pertain to individuals who are not parties in this action and the incidents described occur at an entirely different correctional facility. Because Plaintiff seeks relief that is outside the scope of his Complaint, the request is DENIED. If Plaintiff wishes to pursue emergency injunctive relief for these unrelated claims, he should file a separate motion in the appropriate case or file a separate case under 42 U.S.C. 1983. The Court states no opinion on the merits of any such claims. Signed by Chief Judge Nancy J. Rosenstengel on 1/9/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION for Emergency Ex Parte Communication and Asylum by Reginald Jones. (jsm2) |
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Filing 4
ORDER: On 12/23/2019, this case was severed from 19-1281-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 1/26/2020 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. Signed by Chief Judge Nancy J. Rosenstengel on 12/27/2019. (jaj)
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| Set/Reset Deadlines: Action due by 1/26/2020. (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Reginald Jones. (jaj) |
| Filing 2 COMPLAINT against C. Wall filed by Reginald Jones.(jaj) |
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Filing 1
ORDER SEVERING CASE. Signed by Chief Judge Nancy J. Rosenstengel on 12/20/2019. (jaj)
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| Plaintiff: Reginald Jones | |
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| Defendant: C. Wall | |
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