Gentry v. Sawyer et al
| Timothy Lee Gentry |
| Kathleen Hawk and USA |
| Michael Carvajal, Kathleen Hawk Sawyer and William Barr |
| 3:2020cv00360 |
| April 16, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Mandamus & Other |
| 28 U.S.C. § 1361 |
| None |
Docket Report
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This docket was last retrieved on July 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 RESPONSE to Motion re #25 MOTION for Order to Require Prison Officials to Provide Legal Supplies filed by Michael Carvajal. (Attachments: #1 Account Transactions)(Garrison, Suzanne) |
| Filing 26 RESPONSE to Motion re #24 MOTION for Order to Postpone Transfer filed by Michael Carvajal. (Attachments: #1 BOP Press Release)(Garrison, Suzanne) |
| Filing 25 MOTION for Order Requiring Prison Officials to Provide Legal Materials by Timothy Lee Gentry. (jsm2) |
| Filing 24 MOTION for Order Requiring Respondents to Postpone the Transferring of Petitioner by Timothy Lee Gentry. (jsm2) |
| Filing 23 AMENDED PETITION for Writ of Mandamus, filed by Timothy Lee Gentry.(jsm2) |
| Filing 22 MOTION for Leave to Proceed in forma pauperis by Timothy Lee Gentry. (jsm2) |
| Filing 21 MOTION to Intervene Under Rule 24(b) Permissive Intervention by Timothy Lee Gentry. (jsm2) |
| Set Deadlines as to #10 MOTION to Dismiss for Failure to State a Claim. Response due by 7/1/2020 (kek) |
Filing 20
ORDER GRANTING in part and DENYING in part #19 Motion for Relief and for Extension. The Court received this motion on May 28, 2020, and it is too light to read clearly. From what the Court can discern, Petitioner seeks an additional 30 days to respond to the pending Motion to Dismiss and/or file an Amended Petition for Writ of Mandamus. He has considered and ruled out other avenues to relief, such as a federal habeas action, Bivens action, or claim under the Administrative Procedures Act. He also seeks an order requiring prison officials to provide him with access to legal materials necessary to meet this deadline--although the Court is unable to discern what items, materials, or otherwise he has been denied. Petitioner's request for an extension is GRANTED, and the deadline to respond to the pending Motion to Dismiss and/or file an Amended Petition is now July 1, 2020. His request for an Order requiring prison officials to provide legal materials is DENIED without prejudice; the Court is unable to decipher that portion of the motion. If he requires additional time due to his lack of access to legal materials or otherwise, however, Petitioner should simply file a motion with this request. If Petitioner wishes to seek release from custody, he may file a separate habeas action pursuant to 28 U.S.C. 2241 in this District, or he may file a motion for compassionate release pursuant to Section 603(b) of the First Step Act of 2018 in his underlying criminal case. He can pursue either path to release any time--regardless of the status of this mandamus action. To ensure his compliance with the new deadline in this Order, the Clerk's Office is DIRECTED to provide Petitioner with a copy of the Docket Sheet, #10 Motion to Dismiss, #15 Motion to Amend Petition, and #19 Motion for Relief and for Extension, along with this Order. Signed by Judge J. Phil Gilbert on 5/28/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 MOTION for Relief and an Extension of Time by Timothy Lee Gentry. (amv) |
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Filing 18
ORDER GRANTING #17 Motion for Status. Plaintiff seeks confirmation of the Court's receipt of his application for leave to proceed in forma pauperis and the amendment to his Petition. The Court has received two Motions for Leave to Proceed in forma pauperis (Docs. 5 and 13), Plaintiff's Trust Fund Account Statement (Doc. 9), and a Motion to Amend Petition (Doc. 15). Signed by Judge J. Phil Gilbert on 5/21/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MOTION for status by Timothy Lee Gentry. (cds) |
| Filing 16 NOTICE OF MODIFICATION re #10 RESPONSE. Document contains a motion and was not filed as such. Docket entry has been modified to appear as a Motion to Dismiss for Failure to State a Claim and Response. No further action is required by the filer in relation to this notification. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 15 MOTION to Amend/Correct #1 by Timothy Lee Gentry. (jsm2) |
| Set Deadlines as to #10 MOTION to Dismiss for Failure to State a Claim. Response due by 5/15/2020. (kek) |
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Filing 14
ORDER: The Government filed a #10 Motion to Dismiss Petition for Writ of Mandamus Pursuant to Federal Rule of Civil Procedure 12(b)(6) on May 4, 2020. On or before May 15, 2020, Petitioner is ORDERED to file a Response to the Motion to Dismiss. If he requires additional time to do so, Petitioner should file a motion seeking an extension of this deadline prior to its expiration. Signed by Judge J. Phil Gilbert on 5/6/2020.(jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 MOTION for Leave to Proceed in forma pauperis by Timothy Lee Gentry. (jsm2) |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
| Filing 11 NOTICE of Appearance by Suzanne M. Garrison on behalf of Michael Carvajal (Garrison, Suzanne) |
| Filing 10 MOTION to Dismiss for Failure to State a Claim and RESPONSE to #6 Order for Service of Process - Prisoner, filed by Michael Carvajal. (Attachments: #1 Exhibit Declaration of Jay Bagwell, #2 Exhibit 1 Attachment 1 Exhaustion Declaration, #3 Exhibit Declaration on Conditions, #4 Exhibit CDC Guidance)(Garrison, Suzanne) Modified on 5/7/2020 (kek). |
| Filing 9 Prisoner Trust Fund Account Statement by Timothy Lee Gentry. (jaj) |
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Filing 8
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #5 ), 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 trust fund account statement (or institutional equivalent) for the period 10/1/2019 to 4/16/2020 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 Greenville FCI. (Trust Fund Statement due on or before 6/5/2020). Signed by Judge J. Phil Gilbert on 4/21/2020. (tjk)
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| Filing 7 Letter to USAO constituting service. (tjk) |
| Set/Reset Deadlines: Action due by 5/4/2020. (jsm2) |
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Filing 6
ORDER FOR SERVICE OF PROCESS upon MICHAEL CARVAJAL. A Response to the Petition for Writ of Mandamus is due on or before May 4, 2020. The Clerk of Court is DIRECTED to SUBSTITUTE the Federal Bureau of Prison's current Director MICHAEL CARVAJAL in place of KATHLEEN SAWYER as Respondent and TERMINATE the UNITED STATES OF AMERICA and KATHLEEN SAWYER as parties. Signed by Judge J. Phil Gilbert on 4/20/2020. (jsy)
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Filing 4
NOTICE OF MODIFICATION re #2 Order. Entry modified to indicate Order entered by Judge J. Phil Gilbert. No further action is required by the filer in relation to this notification. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Timothy Lee Gentry. (jsm2) |
| Filing 3 NOTICE FROM CLERK Instructing Plaintiff Gentry 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 Gentry on 4/16/20. Consent due by 5/7/2020 (amv) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 20-360-JPG. 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 J. Phil Gilbert on 4/16/2020. (Attachments: #1 Motion for IFP)(amv)
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| Filing 1 PETITION for Writ of Mandamus, filed by Timothy Lee Gentry(amv) |
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