Jackson v. Heck et al
| Maurice A. Jackson |
| D. Brookhart, Lt. Franklin, Director IDOC, Charles Heck, John Doe, 1 and John Doe 1 |
| 3:2020cv00035 |
| January 8, 2020 |
| 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 September 28, 2023. A more recent docket listing may be available from PACER.
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Filing 12
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #9 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $2.51. 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. Plaintiff's Motion in Partial Compliance (Doc. #10 ) is DENIED as moot. Plaintiff's prisoner trust fund account information was received along with his Motion to Proceed IFP (Doc. #9 ). Signed by Judge Staci M. Yandle 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 11
ORDER: The Court has received your motion to proceed without prepayment of the filing fee. 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. 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 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
MOTION in partial compliance with the Court and Requesting Immediate Help or an Extention of Time to file In Forma Pauperis by Maurice A. Jackson. (jaj)
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Filing 9
MOTION for Leave to Proceed in forma pauperis by Maurice A. Jackson. (jaj)
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Filing 8
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 7
NOTICE FROM CLERK Instructing Jackson 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 Jackson on 1/16/2020. Consent due by 2/6/2020 (tjk)
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Filing 6
NOTICE OF MODIFICATION re #4 Order. Incorrect Judge listed in entry. Order signed by Judge Staci M. Yandle. Document corrected. No further action is required by the filer in relation to this notification. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
ORDER: Plaintiff's Motion for Preliminary Injunction (Doc. #2 ) is DENIED without prejudice. Plaintiff's Complaint (Doc. #1 ) relates only to grievance staff and events at Pinckneyville Correctional Center. Plaintiff's Motion for Preliminary Injunction relates to events and circumstances at Lawrence Correctional Center and involves wholly different parties. Preliminary injunctive relief sought in a case must relate to the claims pending in the underlying lawsuit. See Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994) (holding that a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the partys motion and the conduct asserted in the complaint). As the Motion does not relate to the claims in the Complaint, it must be denied. If Plaintiff wishes to pursue claims (including preliminary injunctive relief) regarding the situation at Lawrence, he must file a separate Complaint in a new case. The Clerk of Court is DIRECTED to terminate D. Brookhart and Director of IDOC from the CM/ECF system in this case. Signed by Judge Staci M. Yandle on 1/10/2020. (bps)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 20-35-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 District Judge Staci M. Yandle on 1/9/2020.. (Attachments: #1 Consent to Magistrate Judge)(jaj)
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Filing 3
NOTICE to the Court re: Motion for IFP and Trust Fund Statement by Maurice A. Jackson. (jaj)
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Filing 2
MOTION for Preliminary Injunction by Maurice A. Jackson. (jaj)
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Filing 1
COMPLAINT against All Defendants filed by Maurice A. Jackson.(jaj)
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