Dawson v. Wall
| Christopher Dawson |
| C. Wall |
| 3:2020cv00431 |
| May 8, 2020 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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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 7/6/2020 (jaj)
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Filing fee: $ 400.00, receipt number 34625102450 (cds)
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Filing Fee due by 7/9/2020. (jaj)
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Filing 12
ORDER: This case was severed from Plaintiff's previous case on May 8, 2020 and Plaintiff was informed that he could elect to proceed with this case or not. (Doc. 3 ). Plaintiff then filed a Motion for Leave to File an Amended Complaint (Doc. #4 ). Leave of Court is not required to file an Amended Complaint at this stage of the case and Plaintiff may do so as a matter of course. Fed. R. Civ. P. 15(a)(1). Accordingly, the Motion is TERMINATED as MOOT. Plaintiff has also filed a Motion for Judgment as a Matter of Law (Doc. #11 ) which is DENIED as premature. The case must first be screened pursuant to 28 U.S.C. 1915A, and if it survives screening, must be served on Defendant Wall. Plaintiff is REMINDED that this case will be dismissed should Plaintiff fail to comply with the Courts previous Order (Doc. 10 ) requiring payment of his filing fee in full no later than July 9, 2020. Signed by Judge Staci M. Yandle on 6/22/2020. (bps)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
MOTION for Judgment as a Matter of Law by Christopher Dawson. Responses due by 7/20/2020 (amv)
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Filing 10
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #5 ). 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 Dawson's affidavit that he is indigent. Plaintiff's trust fund account balance as of April 29, 2020 was $600.49 (Doc. #9 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #5 ). Plaintiff shall pay the $400.00 filing fee no later than July 9, 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). Signed by Judge Staci M. Yandle on 6/9/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
Prisoner Trust Fund Account Statement by Christopher Dawson. (amv)
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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/her trust fund account statement (or institutional equivalent) for the period 11/1/2019 to 5/8/2020 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 Pinckneyville Correctional Center. (Trust Fund Statement due on or before 7/20/2020). Signed by Judge Staci M. Yandle on 6/4/2020. (tjk)
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Filing 7
NOTICE FROM CLERK Instructing Dawson 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 Dawson on 6/4/2020. Consent due by 6/25/2020 (tjk)
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Filing 6
ORDER: Now that Plaintiff has opted to proceed with this action, the Court will review the complaint to identify claims and defendants and to dismiss any legally insufficient claims. See 28 U.S.C. 1915A. The Court will conduct this review within the next 60 days. The Court will then inform Plaintiff of the findings in a Merit Review Order. No other action will be taken in the case during this time, absent extraordinary circumstances. Therefore, Plaintiff need not submit any evidence, argument, motions, or documents. If Plaintiff does not receive a Merit Review Order within the next 60 days, he may file a motion requesting the status of the case. The Court will not consider a status motion at any time prior to the 60-day deadline. If Plaintiff has filed a motion for recruitment of counsel, it will not be considered until the complaint is reviewed. In addition, any motion for recruitment of counsel must include evidence of Plaintiff's own efforts to find counsel such as a list of attorneys contacted and copies of letters sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If Plaintiff's claim(s) survive the merit review, the Court will send a Notice of Lawsuit and Waiver of Service Form to the appropriate defendant(s). This will be the first time the defendant(s) will be informed of the lawsuit. After a defendant signs the waiver and returns it, that defendant will then have 60 days to file an answer to the complaint. If a defendant does not return the completed waiver, the Court will follow up as necessary to complete service on that defendant. When all of the defendants have filed answers, the Court will enter a Scheduling Order containing important information on deadlines, discovery, and procedures. All requests for file-stamped copies of documents must be accompanied by a stamped, self-addressed envelope and an extra copy of the document to be filed-stamped and returned. The Clerk cannot photocopy documents for Plaintiff unless the copy fee of $0.50 per page is submitted in advance. Finally, Plaintiff must promptly notify the court in writing of any change of address. Failure to notify the court of a change in address could result in the dismissal of this case. Signed by Judge Staci M. Yandle on 6/4/2020. (tjk)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 Christopher Dawson. (amv)
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Filing 4
MOTION for Leave to File Amended Complaint by Christopher Dawson. (amv)
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Filing 3
ORDER: On 5/8/2020, this case was severed from Dawson v. Wall, et al, SDIL Case No. 19-cv-1172-NJR. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay an additional $400.00 filing fee in this case ($350.00 if he is granted leave to proceed in forma pauperis). Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until June 12, 2020 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, he should also send the $400.00 filing fee, or a motion and affidavit for leave to proceed to in forma pauperis (along with the required certification and Trust Fund statement). After the fee status is resolved, the Court will screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. Signed by Judge Staci M. Yandle on 5/8/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 2
COMPLAINT against C. Wall, filed by Christopher Dawson.(tjk)
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Filing 1
MEMORANDUM AND ORDER severing case number 19-1172-NJR. Signed by Chief Judge Nancy J. Rosenstengel on 5/7/2020. (tjk)
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