Sullivan v. Federal Bureau of Prisons et al
| Justin Nojan Sullivan |
| B. True, Officer Clarke, Officer Payne, Federal Bureau of Prisons and Counter Terrorism Unit |
| 3:2020cv00288 |
| March 18, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 16 Mail Returned as Undeliverable. Docs 8-9 and blank consent sent to Justin Nojan Sullivan (lmb) |
Filing 15
ORDER DISMISSING CASE: On April 28, 2020, Plaintiff filed a #14 Motion to Withdraw/Voluntarily Dismiss Case, in which he informed the Court that he does not wish to proceed with this action. Defendants have not yet answered the Complaint. Pursuant to Rule 41(a)(1)(A)(i), Fed. R. Civ. P., Plaintiff's request for voluntary dismissal of this suit at this stage "effected the immediate dismissal of the suit." Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011); see also Smith v. Potter, 513 F.3d 781, 782 (7th Cir. 2008). No additional action remains for the undersigned Judge to take. This case is considered dismissed without prejudice. The Clerk is DIRECTED to CLOSE this case in CM/ECF. Signed by Judge J. Phil Gilbert on 4/29/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 MOTION to Withdraw by Justin Nojan Sullivan. (jsm2) |
| Filing 13 NOTICE: Plaintiff was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Plaintiff. shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 4/16/2020. (jsm2) |
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Filing 12
ORDER Directing Monthly Payments be made from Prison Account of Sullivan, granting #2 filed by Justin Nojan Sullivan. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff's signed consent form, the Clerk shall mail a copy of this Memorandum and Order and an executed copy of the consent form to the Warden at Terre Haute Federal Correctional Institution, as well as e-mail a copy of this Memorandum and Order and an executed copy of the consent form to the Trust Fund Management Staff at Terre Haute Federal Correctional Institution. Signed by Judge J. Phil Gilbert on 4/8/2020. (tjk)
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| Filing 11 Prisoner Trust Fund Account Statement. (jsm2) |
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Filing 10
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 9/1/2019 to 3/13/2020 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Terre Haute FCI. (Trust Fund Statement due on or before 5/4/2020). Signed by Judge J. Phil Gilbert on 3/19/2020. (tjk)
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| Filing 9 NOTICE FROM CLERK Instructing Plaintiff 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 Plaintiff on 03/18/2020. Consent due by 4/8/2020. (jsm2) |
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Filing 8
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee from the Southern District of Indiana, previously assigned case number: 20-cv-144-JRS-DLP. Your new case number is 20-cv-288-JPG. 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. 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 J. Phil Gilbert on 3/18/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 Case transferred in from District of Indiana Southern; Case Number 2:20-cv-00144. Original file certified copy of transfer order and docket sheet received. |
| Filing 6 Transfer Letter to Clerk of the Southern District of Illinois, Benton Division. Case transferred electronically to Southern District of Illinois, Benton Division, on March 17, 2020. (KAA) [Transferred from Indiana Southern on 3/18/2020.] |
| Filing 5 CLOSED TRANSFER to Benton Division of the Southern District of Illinois. The filing fee has not been paid and the plaintiff's motion for leave to proceed in forma pauperis, dkt. #2 , shall not be resolved prior to transfer. However, the clerk is directed to terminate that motion on this Court's docket. Copy to Plaintiff via US Mail. Signed by Judge James R. Sweeney II on 3/17/2020.(KAA) [Transferred from Indiana Southern on 3/18/2020.] |
| Filing 4 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Copy distributed to Plaintiff via US mail. (TMC) [Transferred from Indiana Southern on 3/18/2020.] |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) [Transferred from Indiana Southern on 3/18/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff JUSTIN NOJAN SULLIVAN. (Attachments: #1 Envelope).(AKH) [Transferred from Indiana Southern on 3/18/2020.] |
| Filing 1 COMPLAINT against CLARKE, COUNTER TERRORISM UNIT, FEDERAL BUREAU OF PRISONS, PAYNE, B. TRUE, filed by JUSTIN NOJAN SULLIVAN. (No fee paid with this filing) (Attachments: #1 Envelope). (AKH) (Additional attachment(s) added on 3/16/2020: #2 Exhibits) (AKH). [Transferred from Indiana Southern on 3/18/2020.] |
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