Kitterman v. Kelly et al
| Shane A. Kitterman |
| Tracie Newton, Bernadette Schrempp, Brendan Kelly, Village of Swansea, Racheal Rouse, John Barecivic and Swansea Police Department |
| 3:2020cv00500 |
| June 1, 2020 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Nancy J Rosenstengel |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 7, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 MOTION for Service of Summons and Complaint by Shane A. Kitterman. (jsm2) |
| Filing 15 NOTICE of Change of Address by Shane A. Kitterman. (jsm2) |
| Filing 14 MOTION for Declaration of Indigency by Shane A. Kitterman. (jsm2) |
Filing 13
ORDER DENYING #12 Motion for Service of Process at Government Expense. Federal Rule of Civil Procedure 4(c) provides that "plaintiff is responsible for having the summons and complaint served...." Fed. R. Civ. P. 4(c)(1). Rule 4(c) further provides that the Plaintiff may request service by the United States Marshal Service ("USMS") and that such service must be ordered if Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. 1915. Fed. R. Civ. P. 4(c)(3). Here, Plaintiff is not proceeding in forma pauperis; he paid the filing fee. Therefore, it is not mandatory for the Court to order service by the USMS at the expense of the Court. Instead, the decision is discretionary. See Koger v. Bryan, 523 F.3d 789, 803 (7th Cir. 2008). Plaintiff has offered no reason why he cannot afford or otherwise effect service upon Defendants through the procedures provided in Rule 4. Therefore, the Court will not pay for the USMS to serve Defendants and Plaintiff's motion is DENIED. The denial is without prejudice and Plaintiff may file a renewed motion that provides additional information as to why he believes the Court should pay for service by the USMS. Signed by Magistrate Judge Mark A. Beatty on 7/13/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 MOTION for Waivers of Service by Shane A. Kitterman. (jsm2) |
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Filing 11
ORDER finding as moot #9 Motion to Substitute Judge. This case is no longer assigned to Chief Judge Rosenstengel as it has been reassigned to Magistrate Judge Beatty (See Doc. 6). Accordingly, Plaintiff's motion is MOOT. Signed by Magistrate Judge Mark A. Beatty on 7/6/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (ack) |
| Filing fee: $ 400.00, receipt number 44625012928 (kdw) |
| Filing 9 MOTION to Substitute Judge by Shane A. Kitterman. (ack) |
| Filing 8 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Shane A. Kitterman. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-cv-500-MAB. Refer to the pro se litigant guide, found on the ILSD website, for further information. Consent due by 6/24/2020 (kek) |
| Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #3 Order. Order was entered in error. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 6 Case Reassigned to Magistrate Judge Mark A. Beatty. Chief Judge Nancy J. Rosenstengel no longer assigned to the case. (jsm2) |
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Filing 5
ORDER DIRECTING CLERK TO REASSIGN CASE IN ACCORD WITH ADMINISTRATIVE ORDER NO. 257: This action was mistakenly opened as a prisoner civil rights action and assigned to the undersigned district judge. Plaintiff, however, was not incarcerated at the time of filing, and the case does not pertain to his prior incarceration. Accordingly, in accord with Administrative Order No. 257, the Court DIRECTS the Clerk to randomly reassign this action to a Magistrate Judge. Further, the Court DIRECTS the Clerk to correct the docket to reflect the proper nature of suit (440: Civil Rights). The Notice From Clerk (Doc. #4 ) and Plaintiff's deadline for responding to the same is STRICKEN. Once the case is reassigned, the Clerk will enter a Notice Regarding Magistrate Judge Jurisdiction, resetting Plaintiff's deadline for filing a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form. Signed by Chief Judge Nancy J. Rosenstengel on 6/2/2020. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 STRICKEN - 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 06/01/2020. Consent due by 6/22/2020. (jsm2) Modified on 6/2/2020 (jsm2). |
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Filing 3
STRICKEN - NOTICE AND ORDER: The Court has received your Complaint. Your case number is 20-cv-500-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 file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the 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 6/1/2020. (jsm2) Modified on 6/2/2020 (jsm2).
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| Filing 2 DEMAND for Trial by Jury by Shane A. Kitterman. (jsm2) |
| Filing 1 COMPLAINT against All Defendants filed by Shane A. Kitterman. (Attachments: #1 Env.).(jsm2) |
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