Byrd v. Thompson et al
Plaintiff: Thomas Byrd
Defendant: M. Ross and Warden Thompson
Case Number: 3:2020cv00897
Filed: September 3, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prison Condition
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 28, 2020 Filing 8 CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 10/28/2020. (anp)
October 28, 2020 Opinion or Order Filing 7 ORDER DISMISSING CASE without prejudice. Signed by Chief Judge Nancy J. Rosenstengel on 10/28/2020. (anp)
October 8, 2020 Opinion or Order Filing 6 ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Byrd was previously directed to file the attached form indicating consent to proceed before the Magistrate Judge or an affirmative declination to consent. The time for doing so has long passed, and in spite of a warning and additional time to do so, said party continues to ignore the Court's directive by not returning the form. Thus, Byrd is ordered to SHOW CAUSE why sanctions should not be imposed for failure to file the attached form as is required under Administrative Order No. 257. Show Cause Response re Consent due by 10/22/2020. Signed by Chief Judge Nancy J. Rosenstengel on 10/8/2020. (tjk)
September 24, 2020 Filing 5 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 10/1/2020 (jaj)
September 10, 2020 Set/Reset Deadlines: Action due by 10/9/2020. (jaj)
September 9, 2020 Opinion or Order Filing 4 ORDER re #1 Complaint filed by Thomas Byrd. The Court received Plaintiff's Complaint form, including the parties, litigation history, and grievance process but not statement of claim on September 3, 2020. Because the form did not include a case number, the Clerk of Court opened the instant action. This case appears, however, to be duplicative of another case that is pending in this District. See Byrd v. Thompson, Case No. 20-cv-809-NJR ("original case"). Plaintiff recently filed a statement of claim and request for relief in the original case but did not include the entire Complaint form. It is possible that Plaintiff did not intend to open this new action but for the portions of the form to be added to his original case. Therefore, Plaintiff is hereby ORDERED to advise the Court, in writing in this case (No. 20-cv-897-NJR), on or before October 9, 2020, whether he intends to pursue this action. If Plaintiff timely advises the Court that he did not mean to open a new case, the Court will close this case without assessing a filing fee for this matter. Failure to timely respond to this Order may result in the dismissal of this action with the assessment of a filing fee. See Fed. R. Civ. 41(b).. Signed by Chief Judge Nancy J. Rosenstengel on 9/9/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 3, 2020 Opinion or Order Filing 3 NOTICE AND ORDER: The Court has received your Complaint. Your case number is 20-897-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 9/3/2020. (jaj)
September 3, 2020 Filing 2 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 9/3/2020. Consent due by 9/24/2020 (jaj)
September 3, 2020 Filing 1 COMPLAINT against All Defendants filed by Thomas Byrd.(jaj)

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Defendant: M. Ross
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Defendant: Warden Thompson
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Plaintiff: Thomas Byrd
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