McNett v. Jeffreys et al
| Daniel J. McNett |
| Lt. Gephart, C/O Orr, Sgt. Richie, C/O Mason, Angela Locke, Sgt. Rosenberg, John Baldwin, Logan G. Cage, Robert Osborne, E. Bauer, Craig Foster, Amy Beck, John/Jane Does, Sgt. Dobbyns, Robert Hendry, C/O Krull, Robert Wilson/Smith, Stephannie Waggoneer, C/O Zurrusen, J. Drannan, Jon Fatheree, Sgt. Rose, Rob Jeffrey, Trey Johnson, Counselor Rowcliffe and Ann Lahr |
| 3:2020cv00426 |
| May 7, 2020 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Set/Reset Deadlines: Action due by 7/7/2020. (jsm2) |
Filing 8
ORDER re Doc. 5. Plaintiff is not proceeding in forma pauperis in this action. Accordingly, the Complaint will not be screened pursuant to Section 1915(e)(2) as previously provided in the Court's Order at Doc. 5. Additionally, although Plaintiff brings claims pertaining to his incarceration, he was not incarcerated at the time of filing, and thus, the Complaint need not be screened pursuant to 1915A prior to proceeding. As to service of process, the Court will not automatically appoint the United States Marshal to effect service of process upon Defendants. If Plaintiff wants the United States Marshal to serve process on Defendants, Plaintiff SHALL FILE a Motion for Service of Process at Government Expense, within 28 days of the date of entry of this order (on or before July 7, 2020). The Clerk of Court is DIRECTED to mail to Plaintiff the Court's form Motion for Service of Process at Government Expense. If Plaintiff does not timely file a motion for service of process at government expense, it shall be Plaintiff's responsibility to have Defendants served with a summons and copy of the Complaint pursuant to Federal Rule of Civil Procedure 4. Plaintiff is advised that only a non-party may serve a summons. Fed. R. Civ. P. 4(c)(2). If Plaintiff does not file a motion for service of process at government expense within 28 days as ordered, the Clerk shall then prepare a summons for each Defendant and shall forward the summonses and sufficient copies of the Complaint and this Memorandum and Order to Plaintiff so that he may have Defendants served. Signed by Chief Judge Nancy J. Rosenstengel on 6/9/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned Chief Judge Nancy J. Rosenstengel. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
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Filing 5
ORDER: The Court has received your payment of the filing fee. Now 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. 1915(e)(2). 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 Chief Judge Nancy J. Rosenstengel on 6/3/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 NOTICE: Daniel J. McNett 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, Daniel J. McNett 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 6/9/2020 (ack) |
| Filing fee: $ 400.00, receipt number 34625101845 (cds) |
| Filing 3 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 05/07/2020. Consent due by 5/28/2020.(jsm2) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 20-cv-426-NJR. 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 fail to pay the filing fee or submit a 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 Chief Judge Nancy J. Rosenstengel on 5/7/2020. (jsm2)
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| Filing 1 COMPLAINT against All Defendants filed by Daniel J. McNett.(jsm2) |
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