Sloat v. Benzing et al
| Andrew S. Sloat |
| Allison Alexander, Kenny Benzing, Rich Stevenson, Dale Eddings and Jane Doe |
| 3:2020cv00951 |
| September 17, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 NOTICE FROM CLERK Instructing Kenny Benzing, Dale Eddings, and Rich Stevenson 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 Kenny Benzing, Dale Eddings, and Rich Stevenson on 11/13/2020. Consent due by 12/4/2020 (kls3) |
| Filing 20 NOTICE of Appearance by Terence J. Corrigan on behalf of Kenny Benzing, Dale Eddings, Rich Stevenson (Corrigan, Terence) |
| Filing 19 NOTICE of Appearance by Bhairav Radia on behalf of Kenny Benzing, Dale Eddings, Rich Stevenson (Radia, Bhairav) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Rich Stevenson, Dale Eddings, Kenny Benzing. Rich Stevenson waiver sent on 10/8/2020, answer due 12/7/2020; Dale Eddings waiver sent on 10/8/2020, answer due 12/7/2020; Kenny Benzing waiver sent on 10/8/2020, answer due 12/7/2020. (Corbett, Daniel) |
| Filing 17 NOTICE of Appearance by Daniel T. Corbett on behalf of Kenny Benzing, Dale Eddings, Rich Stevenson (Corbett, Daniel) |
Filing 16
ORDER TO SHOW CAUSE: Plaintiff was repeatedly advised of his continuing obligation to keep the Clerk of Court informed of any change in his address and that failure to timely update his address could result in dismissal of this action for want of prosecution. (See Docs. 5, 7, 11). One or more documents mailed to Plaintiff by the Court has been returned undeliverable. (See Doc. 11-15). Plaintiff is hereby ORDERED to SHOW CAUSE on or before NOVEMBER 20, 2020, why this action should not be dismissed for failure to comply with a court order and for failure to prosecute his claims. Fed. R. Civ. P. 41(b). Plaintiff is WARNED that failure to respond to this Order will result in dismissal of the action. Id. The Clerk is DIRECTED to transmit a copy of this Order to Show Cause to Plaintiff at the address he most recently provided to the Court. Signed by Judge J. Phil Gilbert on 11/6/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 15 Mail Returned as Undeliverable. Documents 11-14 sent to Andrew Sloat. (jaj) |
|
Filing 14
HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 10/9/2020. (kek)
|
| Filing 13 REQUEST FOR WAIVER of Service sent to KENNY BENZING, RICH STEVENSON, ALLISON ALEXANDER, and DALE EDDINGS on 10/8/2020. Waiver of Service due by 11/9/2020. (tjk) |
| Filing 12 MOTION for Preliminary Injunction by Andrew S. Sloat. (tjk) |
|
Filing 11
ORDER FOR SERVICE on Defendants KENNY BENZING, RICH STEVENSON, ALLISON ALEXANDER, DALE EDDINGS, and JANE DOE #2 (once identified). The #10 Amended Complaint survives screening, as follows: COUNT 1 against BENZING and STEVENSON; COUNT 2 against BENZING, STEVENSON, ALEXANDER, and JANE DOE #2; and COUNT 3 against BENZING, STEVENSON, ALEXANDER, EDDINGS, and JANE DOE #2. The Clerk's Office is DIRECTED to: (a) ADD an official capacity claim against Kenny Benzing, who is responsible for identifying Jane Doe #2; (b) ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act; and (c) DOCKET a Motion for Preliminary Injunction, along with a copy of page 11 of Document 10, in CM/ECF. Defendants are ORDERED to file a written Response to Plaintiff's Motion for Preliminary Injunction within seven (7) days of answering or otherwise responding to the Amended Complaint. Signed by Judge J. Phil Gilbert on 10/8/2020. (jsy)
|
| Filing 10 AMENDED COMPLAINT against All Defendants filed by Andrew S. Sloat.(jaj) |
| Filing 9 RESPONSE to #7 Order filed by Andrew S. Sloat. (jaj) |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
|
Filing 7
ORDER DISMISSING #1 Complaint and DENYING #3 Motion for Recruitment of Counsel without prejudice. Plaintiff is GRANTED leave to file a First Amended Complaint on or before October 28, 2020. Should he fail to do so within the allotted time or consistent with the instructions set forth in this Order, the entire case shall be dismissed with prejudice. FED. R. CIV. P. 41(b). The dismissal shall count as one of Plaintiff's three allotted "strikes" under 28 U.S.C. Sec. 1915(g). Signed by Judge J. Phil Gilbert on 9/24/2020. (jsy)
|
| Amended Complaint due by 10/28/2020. (jaj) |
|
Filing 6
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $1.24. 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 Marion County Law Enforcement Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 9/22/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 20-951-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 9/17/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| 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 9/17/2020. Consent due by 10/8/2020 (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Andrew S. Sloat. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Andrew S. Sloat. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Andrew S. Sloat.(jaj) (Additional attachment(s) added on 9/18/2020: #1 Darkened signature page) (jaj). |
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.
