Strouse v. USA et al
| James Strouse |
| John Does 1-200, Warden - FCI Greenville, William Barr and USA |
| 3:2020cv00694 |
| July 15, 2020 |
| U.S. District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.
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Filing 10
ORDER GRANTING in part and DENYING in part #9 Motion for Reconsideration. Strouse asks the Court to reopen this case, waive the $400 filing fee, and convert the action to a petition for writ of habeas corpus under 28 U.S.C. 2241. He points to no mistake, inadvertence, or other reason for granting this relief under Fed. R. Civ. P. 59(e) or 60. Therefore, the Court declines to reopen this case and convert the action. However, the $400 filing fee will not be assessed for this action, in light of the motion. Strouse is free to pursue his claims for relief in a SEPARATE habeas action filed in this District pursuant to 28 U.S.C. 2241. He may commence said action whenever he wishes to do so and will be obligated to pay a $5 filing fee for it (unless he establishes his indigence by filing a Motion for Leave to Proceed in forma pauperis). The Clerk of Court is DIRECTED to provide Strouse with a standard form Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241 and Motion for Leave to Proceed in forma pauperis for Strouse's use in bringing a separate habeas action. Signed by Judge J. Phil Gilbert on 9/9/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 MOTION for Reconsideration re #8 Clerk's Judgment, and #7 Order Dismissing Case, by James Strouse. (jsm2) |
| Filing 8 CLERK'S JUDGMENT in favor of USA, Warden - FCI Greenville, John Does 1-200, William Barr against James Strouse. Approved by Judge J. Phil Gilbert on 8/28/2020. (tjk) |
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Filing 7
ORDER DISMISSING CASE with prejudice for failure to comply with an Order of this Court and for want of prosecution. FED. R. CIV. P. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). This dismissal shall NOT count as a "strike" under 28 U.S.C. 1915(g). Signed by Judge J. Phil Gilbert on 8/28/2020. (jsy)
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Filing 6
ORDER FINDING AS MOOT #5 MOTION to Dismiss Emergency Preliminary Injunction by James Strouse. The Court already dismissed the Motion for Emergency Preliminary Injunction/ Temporary Restraining Order on July 16, 2020. (See Doc. 4). However, it appears that Plaintiff simply seeks to voluntarily dismiss this case because his issues have been resolved. If so, Plaintiff should file a Motion for Voluntary Dismissal of Case, so that the case can be dismissed without prejudice. Signed by Judge J. Phil Gilbert on 7/24/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION to Dismiss Emergency Preliminary Injunction by James Strouse. (jaj) |
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Filing 4
ORDER DISMISSING #1 Plaintiff's Motion for Emergency Preliminary Injunction/ Temporary Restraining Order without prejudice. Plaintiff must file a Complaint on or before August 14, 2020. The $400.00 filing fee for this action or a properly completed IFP Motion are also due August 14, 2020. (See Doc. 2). Plaintiff is WARNED that failure to comply with this Order will result in dismissal of this case and imposition of a $400.00 filing fee for the action. FED. R. CIV. P. 41(b). The CLERK is DIRECTED to provide Plaintiff with a blank Civil Rights Complaint form and IFP Motion, as well as a copy of the docket sheet in Strouse v. Warden, No. 20-cv-473-SMY and Strouse v. Warden, No. 20-cv-379-NJR. Signed by Judge J. Phil Gilbert on 7/16/2020. (jsy)
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| Filing 3 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 07/15/2020. Consent due by 8/5/2020. (jsm2) |
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Filing 2
NOTICE AND ORDER: The Court has received your Emergency Motion for Preliminary Injunction/Temporary Restraining Order. Your case number is 20-cv-694-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. Signed by Judge J. Phil Gilbert on 7/15/2020. (jsm2)
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| Filing 1 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by James Strouse. (jsm2) |
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