Suane v. Cecil et al
| Remy Suane |
| Warden Brookhart, Rob Jeffries and Heather Cecil |
| 3:2020cv00369 |
| April 23, 2020 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 20 SWORN AFFIDAVIT of Mickey Mason on behalf of Remy Suane. (amv) |
| Filing 19 Letter from Plaintiff to the Court (jaj) |
| Filing 18 NOTICE of New Evidence by Remy Suane (ack) |
| Filing fee: $400.00, receipt number 34625101355 (rah) |
| Filing 17 NOTICE to Court regarding filing fee by Remy Suane (kek) |
| Filing 16 NOTICE to Court regarding filing fee by Remy Suane. (jaj) |
| Filing 15 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
Filing 13
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #3 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. Section 1915(a)(1). The Court is not satisfied from Suane's affidavit that he is indigent. Plaintiff's trust fund account balance as of March 27, 2020 was $1593.26 (Doc. #12 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #3 ). Plaintiff shall pay the $400.00 filing fee no later than May 28 2020. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). 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). (Action due by 5/28/2020). Signed by Judge Staci M. Yandle on 4/28/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 Prisoner Trust Fund Account Statement. (jaj) |
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Filing 11
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #3 ), 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 3/30/2020 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 Lawrence Correctional Center. (Trust Fund Statement due on or before 6/8/2020). Signed by Judge Staci M. Yandle on 4/24/2020. (tjk)
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| Filing 10 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 4/23/2020. Consent due by 5/14/2020 (jaj) |
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Filing 9
This Court has received your complaint/petition (and your motion to proceed without prepayment of the filing fee) from the Northern District of Illinois, previously assigned case number: 20-2382. Your new case number is 20-369-SMY. 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 Staci M. Yandle on 4/23/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 Case transferred in from District of Illinois Northern; Case Number 1:20-cv-02382. Original file certified copy of transfer order and docket sheet received. |
| Filing 7 TRANSFERRED to the the Southern District of Illinois, Benton Division the electronic record. (td, ) [Transferred from Illinois Northern on 4/23/2020.] |
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Filing 6
ORDER : Plaintiff Remy Suane, a prisoner incarcerated at the Lawrence Correctional Center, has filed a pro se lawsuit under 42 U.S.C. 1983 concerning that facility's handling of his mail. The Lawrence Correctional Center is located in Sumner, Illinois, which is in Lawrence County. Without expressing any opinion about the merits, the Court finds that venue does not lie in this District as Lawrence County is located in the Southern District of Illinois. See 28 U.S.C. 93(c). Thus, venue is proper in that District. And, given that Plaintiff's allegations involve events at the Lawrence Correctional Center, that District is also the most convenient forum for this action. The Clerk is therefore directed to transfer this case forthwith to the Southern District of Illinois, Benton Division. See 28 U.S.C. 1406(a). All pending motions on this Court's docket are terminated. Civil case transferred. Signed by the Honorable John Z. Lee on 4/21/20. [For further details see order].Mailed notice(ca, ) [Transferred from Illinois Northern on 4/23/2020.]
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| Filing 4 MOTION by Plaintiff Remy Suane for attorney representation. (ecw, ) [Transferred from Illinois Northern on 4/23/2020.] |
| Filing 3 APPLICATION by Plaintiff Remy Suane for leave to proceed in forma pauperis. (ecw, ) [Transferred from Illinois Northern on 4/23/2020.] |
| Filing 2 PRISONER CIVIL Cover Sheet. (ecw, ) [Transferred from Illinois Northern on 4/23/2020.] |
| Filing 1 RECEIVED Complaint and no copies by Remy Suane; Exhibits. (Attachments: #1 Envelope postmarked 03/24/2020). (ecw, ) [Transferred from Illinois Northern on 4/23/2020.] |
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Filing 5
ORDER Second Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 4/23/2020.]
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