Van Deurzen v. Sproul et al
| Martin J. Van Deurzen |
| R. Rosenberg and D. Sproul |
| 3:2020cv00649 |
| July 2, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 12, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing fee: $400.00, receipt number 34625103699 (rah) |
Filing 8
ORDER: Until Plaintiff complies with the Order (Doc. 7) requiring him to EITHER prepay the full $400.00 filing fee for this action or file a motion for leave to proceed in forma pauperis, the Court will not screen the Complaint pursuant to 28 U.S.C. 1915A. The deadline for doing so is AUGUST 31, 2020. Failure to comply with the Order at Doc. 7 will result in dismissal of this action. Fed. R. Civ. P. 41(b). With that said, it is unclear whether Plaintiff is pursuing the proper avenue to relief. The Court notes that Plaintiff seeks early or compassionate release due to his particular vulnerability to coronavirus infection. Because time is of the essence, the Court will immediately address this request. Because the Court lacks authority to grant this request for release in an action brought pursuant to 28 U.S.C. 1331 or Bivens, it is DENIED. Instead, Plaintiff may file a Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241 in the district where he is confined, if he seeks to challenge his conviction or sentence. Alternatively, he may file a motion for compassionate release pursuant to Title VI, Section 603(b) of the First Step Act of 2018 in his underlying criminal case in the federal judicial district where the criminal case was brought after "exhaust[ing] all administrative rights to appeal a failure of the [BOP] to bring a motion on [his] behalf or the lapse of 30 days from the receipt of such a request by the warden of [his] facility, whichever is earlier." The Court will take up all other matters raised in the Complaint once Plaintiff complies with the Order at Doc. 7. Signed by Judge J. Phil Gilbert on 8/12/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 8/13/2020 (jaj).
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Filing 7
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 20-649-JPG. 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. The Court DEFERS threshold review of this matter until Plaintiffs fee is paid or a properly completed motion for leave to proceed in forma pauperis is filed.Signed by Judge J. Phil Gilbert on 7/31/2020. (jaj)
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| Filing 6 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 3 Order. Incorrect case opening order entered, Plaintiff did not pay the filing fee or submit a Motion to Proceed IFP. New order to be entered this date. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing fee or Motion for IFP due by 8/30/2020. (jaj) |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 4 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 7/6/20. Consent due by 7/27/2020 (amv) |
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Filing 3
ENTRY STRICKEN - NOTICE AND ORDER The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 20-649.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 7/6/2020. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 7/31/2020 (jaj).
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| Filing 2 MOTION for Recruitment of Counsel by Martin J. Van Deurzen. (amv) |
| Filing 1 COMPLAINT against R. Rosenberg, D. Sproul, filed by Martin J. Van Deurzen.(amv) |
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