Hale v. Bennett et al
| Shannon Zinn Hale |
| Brian Bennett, Jill Moore and John Doe |
| 3:2020cv00686 |
| July 14, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 32 FIRST AMENDED COMPLAINT against All Defendants filed by Shannon Zinn Hale.(jsm2) |
Filing 31
ORDER: Plaintiff filed an #28 Amended Complaint to replace all prior versions of the complaint. The #28 Amended Complaint contains no statement of claim, but it incorporates a "First Amended Complaint" by reference. Plaintiff appears to be referring to Documents 25 and 25-1, the First Amended Complaint and Exhibits filed on August 18, 2020, as the document he intends to incorporate by reference. Therefore, the Clerk's Office is DIRECTED to RE-FILE Documents 28, 25, and 25-1 together as the First Amended Complaint in this matter and provide Plaintiff with a copy of the same. The Court will screen this version of the First Amended Complaint pursuant to 28 U.S.C. 1915A after September 8, 2020. Signed by Judge J. Phil Gilbert on 8/28/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 30 RESPONSE to #26 Order filed by Shannon Zinn Hale. (jsm2) |
| Filing 29 EXHIBIT by Shannon Zinn Hale. Exhibit to #28 Amended Complaint. (jsm2) |
| Filing 28 AMENDED COMPLAINT against All Defendants, filed by Shannon Zinn Hale.(jsm2) |
| Filing 27 REQUEST for Admissions by Shannon Zinn Hale.(jsm2) |
| Set/Reset Deadlines: Action due by 9/8/2020. (jsm2) |
|
Filing 26
NOTICE OF IMPENDING DISMISSAL: The #24 Complaint, #25 Amended Complaint, and [25-1] Grievances are STRICKEN for noncompliance with the Case Management Order at Doc. 18. The Clerk's Office is DIRECTED to RETURN these documents to Plaintiff along with a blank civil rights complaint form. On or before SEPTEMBER 8, 2020, Plaintiff must advise the Court, in writing, which SINGLE document he intends to use as the operative complaint (e.g., Doc. 1, 9, 13, 14, 16, or 17) OR file an amended complaint that stands on its own without reference to any other document and that will replace all prior versions. Failure to comply with this Order will result in dismissal of this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Signed by Judge J. Phil Gilbert on 8/18/2020. (jsy)
|
| Filing 25 STRICKEN - FIRST AMENDED COMPLAINT against All Defendants, filed by Shannon Zinn Hale. (Attachments: #1 Exhibits).(jsm2) Modified on 8/19/2020 (jsm2). |
| Filing 24 STRICKEN - COMPLAINT against All Defendants, filed by Shannon Zinn Hale.(jsm2) Modified on 8/19/2020 (jsm2). |
| Filing 23 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge J. Phil Gilbert. 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 22 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
| Filing 21 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 8/13/2020 (jaj) |
|
Filing 20
ORDER DENYING #19 MOTION for Appointment of Counsel by Shannon Zinn Hale. (See Doc. 18, pp. 2-3) (articulating applicable standard). To date, Plaintiff has disclosed no efforts to locate an attorney on his own, and he has demonstrated his ability to litigate this matter without an attorney by preparing and filing coherent pleadings. At this point, he must prepare and file a SINGLE operative complaint. Alternatively, he must notify the Court which document he intends to use as the complaint. The deadline for doing so is AUGUST 15, 2020. Failure to comply with this Order and the Case Management Order at Document 18 may result in dismissal of this action. See Fed. R. Civ. P. 41(b). Signed by Judge J. Phil Gilbert on 8/4/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 19 MOTION for Appointment of Counsel by Shannon Zinn Hale. (jsm2) |
| Set/Reset Deadlines: Action due by 8/15/2020. (jsm2) |
|
Filing 18
CASE MANAGEMENT ORDER: On or before AUGUST 15, 2020, Plaintiff is ORDERED to: (1) notify the Court, in writing, which document he intends to use as the operative complaint; or (2) file an amended complaint to replace all prior versions. Plaintiff's #3 and #11 Motions for Recruitment of Counsel, #15 Motion for Court Order, and #17 Motion for Leave to File Recent Grievances are DENIED without prejudice. The Clerk's Office is DIRECTED to provide Plaintiff with a courtesy copy of the docket sheet for this matter, a blank civil rights complaint form, and copies of Documents 1, 9, 13, 14, 16, and 17 for use in filing an operative complaint by the deadline. Failure to comply with this Order shall result in dismissal of this action. See. Fed. R. Civ. P. 41(b). Signed by Judge J. Phil Gilbert on 7/30/2020. (jsy)
|
| Filing 17 MOTION for Leave to File Recent Grievances by Shannon Zinn Hale. Proposed grievances received and under review. (jaj) |
| Filing 16 Second SUPPLEMENT by Shannon Zinn Hale. Supplement to #9 Amended Complaint. (jsm2) |
| Filing 15 MOTION for Court Order by Shannon Zinn Hale. (jsm2) |
| Filing 14 SUPPLEMENT by Shannon Zinn Hale. Supplement to #9 Amended Complaint. (jsm2) |
| Filing 13 EXHIBIT by Shannon Zinn Hale. Exhibit to #9 Amended Complaint. (jsm2) |
|
Filing 12
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Docs. #2 , #10 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $4.00. 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 Saline County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 7/20/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 11 Second MOTION for Recruitment of Counsel by Shannon Zinn Hale. (jsm2) |
| Filing 10 Second MOTION for Leave to Proceed in forma pauperis by Shannon Zinn Hale. (jsm2) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Shannon Zinn Hale.(jsm2) |
|
Filing 8
ORDER GRANTING #4 Motion for Copy of Complaint by Shannon Zinn Hale. The Clerk of Court is DIRECTED to provide Plaintiff with a copy of the Document 1. Signed by Judge J. Phil Gilbert on 7/15/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 7 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 07/14/2020. Consent due by 8/4/2020.(jsm2) |
|
Filing 6
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-cv-686-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 7/14/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 5 NOTICE Regarding Service by Shannon Zinn Hale. (jsm2) |
| Filing 4 MOTION for Copy of Complaint by Shannon Zinn Hale. (jsm2) |
| Filing 3 MOTION for Appointment of Counsel by Shannon Zinn Hale. (jsm2) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Shannon Zinn Hale. (Attachments: #1 Exhibit).(jsm2) |
| Filing 1 COMPLAINT against All Defendants filed by Shannon Zinn Hale. (Attachments: #1 Envelope).(jsm2) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
