Reedy v. Unknown Party
| Thomas Reedy |
| Unknown Party |
| 3:2020cv00901 |
| September 4, 2020 |
| US 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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Filing 7
ORDER DISMISSING CASE: On October 9, 2020, Plaintiff filed a #6 Motion to Withdraw Complaint, which the Court construes as a Motion to Voluntarily Dismiss Case and GRANTS. Plaintiff informed the Court that he does not wish to proceed with this action. No operative Complaint or Motion for Leave to Proceed in forma pauperis is currently on file with the Court, and Defendants have not answered. Pursuant to Rule 41(a)(1)(A)(i), Fed. R. Civ. P., Plaintiff's request for voluntary dismissal of this suit at this stage "effected the immediate dismissal of the suit." Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011); see also Smith v. Potter, 513 F.3d 781, 782 (7th Cir. 2008). No additional action remains for the undersigned Judge to take. This case is considered dismissed without prejudice. The Clerk is DIRECTED to CLOSE this case in CM/ECF without assessing a filing fee for this action. Signed by Judge J. Phil Gilbert on 10/13/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 MOTION to Withdraw the Motion for Show Cause and Criminal Complaint, Document #1 Complaint, by Thomas Reedy. (jaj) |
| 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 10/6/2020 (jaj) |
| Set/Reset Deadlines: Filing fee or IFP due by 10/8/2020. (jaj) |
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Filing 4
ORDER: Plaintiff commenced this action by filing a "Criminal Complaint" and "Request for Show Cause Hearing" on September 4, 2020. As a private citizen, Reedy lacks authority to criminally prosecute anyone. The Complaint is legally frivolous insofar as it attempts to initiate a criminal prosecution of any defendants and is therefore DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. 1915A. The Request for Show Cause Hearing is DENIED. The way a private citizen pursues a claim against federal agents for violations of his constitutional rights is by filing a Complaint pursuant to 28 U.S.C. 1331 and Bivens. See Ray, Jr. v. Friedlander, No. C 10-1107 SI PR, 2010 WL 3464453, at *1 (N.D. Cal. Sept. 1, 2010). It is unclear whether Plaintiff intends to pursue any claims against defendants for constitutional deprivations. If so, he must file a proper Complaint and Motion for Leave to Proceed in forma pauperis or $400.00 filing fee on or before October 8, 2020. Plaintiff is WARNED that this action will be dismissed for failure to comply with this court order and/or failure to prosecute this matter, if he fails to comply with this Order by October 8, 2020. See Fed. R. Civ. P. 41(b). The Clerk is DIRECTED to provide a copy of this Order and a blank civil rights complaint form for use in preparing his Complaint. Signed by Judge J. Phil Gilbert on 9/8/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 20-901-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 9/8/2020. (jaj)
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| 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 9/8/2020. Consent due by 9/29/2020 (jaj) |
| Filing 1 COMPLAINT against Unknown Party filed by Thomas Reedy.(jaj) |
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| Plaintiff: Thomas Reedy | |
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