Parmeley et al v. Trump et al
| Marco Guirlando and Jason Parmeley |
| Tom Werlich, Adam W. Cohen, William Barr, Michael Carvajal and Donald J. Trump |
| 3:2020cv00370 |
| April 23, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 20 Prisoner Trust Fund Account Statement for Plaintiff Guirlando. (jsm2) |
| Filing 19 Initial Prisoner Filing Fee received from plaintiff Jason Parmeley : $ 60.52 received, receipt number 34625102010 (cds) Modified on 6/16/2020 (cds). |
| Filing 18 Consent Form - IFP Proceedings by Jason Parmeley. (jsm2) |
Filing 17
ORDER DISMISSING CASE. The #16 Motion to Withdraw is GRANTED. Plaintiff Guirlando's #3 Motion for Leave to Proceed in forma pauperis is GRANTED. This action is DISMISSED without prejudice. FED. R. CIV. P. 41(a). The voluntary dismissal does not count as a strike within the meaning of that term in 28 U.S.C. 1915(g). The Clerk of Court will assess the initial partial filing fee in a separate order before closing this case. Signed by Judge J. Phil Gilbert on 5/20/2020. (jsy)
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| Filing 16 Joint MOTION to Withdraw the Complaint by Jason Parmeley. (cds) |
| Filing 15 Prisoner Trust Fund Account Statement. (jsm2) |
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Filing 14
ORDER Directing Monthly Payments be made from Prison Account of Parmeley, granting #2 MOTION for Leave to Proceed in forma pauperis filed by Jason Parmeley. The Clerk is DIRECTED to provide two copies of the appropriate form to Plaintiff with his copy of this Order, along with a pre-addressed return envelope 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 Greenville 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 Greenville Federal Correctional Institution. Signed by Judge J. Phil Gilbert on 5/12/2020. (tjk)
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| Filing 13 Prisoner Trust Fund Account Statement. (jsm2) |
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Filing 12
ORDER GRANTING Plaintiff's Motion Regarding Trust Fund Statement (Doc. #10 ). The Trust Fund Officer at Union County Jail is ORDERED to provide the Clerk of Court with a copy of Plaintiff's trust fund account statement (or institutional equivalent) for the period 10/1/2019 to 4/23/2020 no later than 14 days from the date of this order. The Clerk is DIRECTED to mail a copy of this Order and the certification form (Doc. #8 ) to the Trust Fund Officer at Union County Jail. Signed by Judge J. Phil Gilbert on 5/7/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
ORDER DENYING #9 Motion for Appointment of Counsel. Contrary to Plaintiffs' assertion, there is no constitutional or statutory right to counsel in federal civil cases. Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir. 2010). When a pro se litigant makes a request for counsel, the Court first considers whether the indigent plaintiff has made reasonable attempts to secure counsel on his own, and, if so, whether the difficulty of the case exceeds the plaintiff's capacity as a layperson to coherently present it. Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013); Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007)). Plaintiffs have satisfied neither requirement. They refer to three phone calls to counsel. Absent any indication of who they contacted, when they contacted each attorney, or a brief summary of the response they received, the Court cannot find that either plaintiff made reasonable efforts to locate counsel. Moreover, the underlying Complaint was dismissed. There is no class action pending. Plaintiffs were instructed to decide what type of action they intend to pursue in the Order Dismissing Complaint (e.g., a petition for writ of habeas corpus to be filed as a new action, a motion seeking compassionate release to be filed in each plaintiff's criminal case, or a Section 1983 or Bivens action to be filed as a First Amended Complaint herein, only if all available administrative remedies were been exhausted before April 23, 2020, or as a new suit, once exhaustion is complete). Until each Plaintiff decides, this Court cannot fully evaluate any request for counsel. Plaintiffs are strongly encouraged to review the Order Dismissing Complaint (Doc. 6) when deciding what action to take. 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 10 MOTION Regarding Trust Fund Statement by Marco Guirlando. (jsm2) |
| Filing 9 MOTION for Appointment of Counsel by Marco Guirlando and Jason Parmeley. (jsm2) |
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Filing 8
ORDER: Plaintiff Guirlando 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 10/1/2019 to 4/23/2020 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 Union County Jail. (Trust Fund Statement due on or before 6/15/2020). Signed by Judge J. Phil Gilbert on 4/29/2020. (tjk)
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Filing 7
ORDER: Plaintiff Parmeley 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 10/1/2019 to 4/23/2020 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 6/15/2020). Signed by Judge J. Phil Gilbert on 4/29/2020. (tjk)
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| Set/Reset Deadlines: Amended Pleadings due by 5/26/2020. (jsm2) |
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Filing 6
ORDER DISMISSING #1 Complaint without prejudice for failure to state a claim upon which relief may be granted. The #2 and #3 Motions for Leave to Proceed in forma pauperis will be addressed in separate court orders. The Clerk of Court is DIRECTED to send each Plaintiff a blank Petition for Writ of Habeas Corpus Under 28 U.S.C. 1441 and a blank Civil Rights Complaint form for use by pro se prisoners. See attached Order for details. Signed by Judge J. Phil Gilbert on 4/27/2020. (jsy)
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| Filing 5 NOTICE FROM CLERK Instructing Plaintiffs Parmeley and Guirlando 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 Plaintiffs Parmeley and Guirlando on 4/23/20. Consent due by 5/14/2020 (amv) |
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Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 20-370-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 4/23/2020. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Marco Guirlando. (amv) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jason Parmeley. (amv) |
| Filing 1 COMPLAINT against William Barr, Michael Carvajal, Adam W. Cohen, Donald J. Trump, and Tom Werlich filed by Jason Parmeley, Marco Guirlando.(amv) |
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