Robinson v. Calloway et al
| Willie R Robinson |
| Kimberly Birch, H Lochard, Santos, Victor Calloway and Matthew Swalls |
| 3:2020cv00432 |
| May 8, 2020 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 15 EXHIBIT by Willie R Robinson. Exhibit to #1 Complaint. (jsm2) |
| Filing 14 Initial Prisoner Filing Fee: $ 22.88 received, receipt number 34625101671 (cds) |
| Filing 13 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
Filing 12
ORDER re Complaint. In the Complaint, the pages numbered 8-10 have missing text. It appears that part of the right side of those pages was cut-off during copying or scanning. Plaintiff is DIRECTED to re-file his Complaint. Additionally, Plaintiff seeks a preliminary injunction in the Complaint. Plaintiff did not file a separate motion in support of his request for preliminary injunctive relief however, and he did not set forth the reasons he is entitled to this relief under Federal Rule of Civil Procedure 65. If Plaintiff wishes to pursue the request, he must file a separate motion for preliminary injunction on or before June 18, 2020. Failure to do so will result in denial of the request without prejudice. Signed by Judge Staci M. Yandle on 5/18/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #4 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $22.88. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to send a copy of this Order to the Trust Fund Officer at the Shawnee Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 5/15/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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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 05/08/2020. Consent due by 5/29/2020.(jsm2) |
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Filing 9
NOTICE AND ORDER: This Court has received your complaint (and your motion to proceed without prepayment of the filing fee) from the Central District of Illinois, previously assigned case number: 20-cv-2107-CSB. Your new case number is 20-cv-432-SMY. The following is some information you should know regarding the initial stages of your lawsuit. 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 5/8/2020. (jsm2)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 Central; Case Number 2:20-cv-02107. Original file certified copy of transfer order and docket sheet received. |
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Filing 7
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 5/8/2020. Plaintiff's claims against Defendants Victor Calloway and Dr. Hughes Lochard are dismissed as being time-barred by the applicable statute of limitations. The Court, in the interest of justice and for the convenience of the parties and witnesses, transfers this action pursuant to 28 U.S.C. Sec 1404(a) and 28 U.S.C. Sec 1406 to the United States District Court for the Southern District of Illinois for whatever action(s) the transferee court deems appropriate. The Clerk of this Court shall not issue summons or take any further action in this case unless the transferee court so directs. See written order. (KE, ilcd) [Transferred from Illinois Central on 5/8/2020.]
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TEXT ORDER entered by Judge Colin Stirling Bruce on 5/6/2020. Plaintiff's motion to request counsel #5 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review that the Court will conduct in the near future. Plaintiff's motion for additional forms of summons #6 is DENIED as moot. The Court has granted Plaintiff's motion for leave to proceed in forma pauperis. Therefore, if the Court determines that Plaintiff's Complaint states a claim upon which relief can be granted, the Court will accomplish service of process upon any and all appropriate Defendants, including completing the forms of summons. Therefore, Plaintiff's motion for the forms is denied as moot. (KE, ilcd) [Transferred from Illinois Central on 5/8/2020.]
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 5/5/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $23.10. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month`s income credited to Plaintiff`s account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff`s account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff`s place of confinement, to the attention of the Trust Fund Office. (KE, ilcd) [Transferred from Illinois Central on 5/8/2020.]
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| Filing 6 MOTION for Additonal Summons Forms by Plaintiff Willie R Robinson. Responses due by 5/18/2020 (KE, ilcd) [Transferred from Illinois Central on 5/8/2020.] |
| Filing 5 MOTION to Request Counsel by Plaintiff Willie R Robinson. Responses due by 5/18/2020 (KE, ilcd) [Transferred from Illinois Central on 5/8/2020.] |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Willie R Robinson. (KE, ilcd) [Transferred from Illinois Central on 5/8/2020.] |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Willie R Robinson.(KE, ilcd) [Transferred from Illinois Central on 5/8/2020.] |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 5/26/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) [Transferred from Illinois Central on 5/8/2020.] |
| Filing 1 COMPLAINT against All Defendants, filed by Willie R Robinson. (Attachments: #1 Exhibits, #2 Declaration, #3 USM 285 Forms, #4 Summons, #5 Envelope)(KE, ilcd) [Transferred from Illinois Central on 5/8/2020.] |
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