Shiferaw v. Pulaski County Detention Center et al
| Tadese Shiferaw |
| Torrance County Detention Facility, Pulaski County Detention Center and Pine Prairie I C E Processing Center |
| 3:2020cv01063 |
| October 7, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 14
ORDER TO SHOW CAUSE: At the time this case was opened, Plaintiff was advised of his continuing obligation to keep the Clerk of Court informed of any changes in his address and that failure to timely update his address could result in dismissal of this action for want of prosecution. (See Docs. 8 and 12). One or more documents mailed to Plaintiff by the Court has been returned undeliverable. (See Docs. 11 and 13). Plaintiff is hereby ORDERED to SHOW CAUSE on or before DECEMBER 18, 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 12/3/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 Mail Returned as Undeliverable. Document 11 sent to Tadese Shiferaw (kek) |
| Amended Pleadings due by 12/16/2020. (jaj) |
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Filing 12
ORDER DISMISSING #1 Complaint without prejudice. COUNTS 1 and 2 are DISMISSED without prejudice for failure to state a claim. Defendant PULASKI COUNTY DETENTION CENTER is DISMISSED with prejudice. Plaintiff is GRANTED leave to file an Amended Complaint on or before December 16, 2020. Failure to do so by this deadline according to the instructions in the attached Order shall result in dismissal of this action with prejudice and a strike. FED. R. CIV. P. 41(b); 28 U.S.C. 1915(g). The Clerk of Court is DIRECTED to TERMINATE Defendant PULASKI COUNTY DETENTION CENTER as a party in CM/ECF and SEND Plaintiff a blank civil rights complaint form. Signed by Judge J. Phil Gilbert on 11/17/2020. (jsy)
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Filing 11
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Shiferaw 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, Shiferaw and/or Counsel of Record 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 11/30/2020. Signed by Judge J. Phil Gilbert on 11/13/2020. (tjk)
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| Filing 10 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 11/6/2020 (jaj) |
| Filing 9 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 10/9/20. Consent due by 10/30/2020 (amv) |
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Filing 8
NOTICE AND ORDER This Court has received your complaint (and your motion to proceed without prepayment of the filing fee) from the Western District of Louisiana, previously assigned case number: 20-1279. Your new case number is 20-1063-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 10/9/2020. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 Case transferred in from District of Louisiana Western; Case Number 6:20-cv-01279. Original file certified copy of transfer order and docket sheet received. |
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Filing 6
MEMORANDUM ORDER: IT IS ORDERED that the Bivens claims against the Pulaski County Detention Center which arose in Pulaski County, Illinois, located in the judicial district of the United States District Court for the Southern District of Illinois should be severed and transferred to the Southern District of Illinois. IT IS FURTHER ORDERED that the Bivens claims against the Torrance County Detention Facility which arose in Torrance County, New Mexico, located in the judicial district of the United States District Court for the District of New Mexico should be severed and transferred to the District of New Mexico. Signed by Magistrate Judge Patrick J Hanna on 10/5/2020. (crt,Haik, K) [Transferred from Louisiana Western on 10/8/2020.] (jlrr).
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| Filing 5 REPORT AND RECOMMENDATIONS re #1 Complaint, filed by Tadese Shiferaw. IT IS RECOMMENDED that plaintiff's claims against the Pine Prairie ICE Processing Center be DISMISSED, as not stating a claim upon which relief may be granted. Objections to R&R due by 10/19/2020. Signed by Magistrate Judge Patrick J Hanna on 10/5/2020. (crt,Alexander, E) [Transferred from Louisiana Western on 10/8/2020.] (jlrr). |
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Filing 4
MEMORANDUM ORDER re #3 MOTION to Appoint Counsel filed by Tadese Shiferaw. IT IS ORDERED that plaintiff's request for appointment of counsel is DENIED as the circumstances presented herein are not "exceptional" so as to warrant the appointment of counsel. Signed by Magistrate Judge Patrick J Hanna on 10/1/2020. (crt,Alexander, E) [Transferred from Louisiana Western on 10/8/2020.] (jlrr).
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| CASE Assigned to Judge Michael J Juneau and Magistrate Judge Patrick J Hanna. Motions referred to Magistrate Judge Patrick J Hanna. (crt,Devillier, W) [Transferred from Louisiana Western on 10/8/2020.] |
| Filing 3 MOTION to Appoint Counsel by Tadese Shiferaw. Motion Ripe Deadline set for 9/28/2020. (crt,Adams, K) [Transferred from Louisiana Western on 10/8/2020.] (jlrr). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tadese Shiferaw. Motion Ripe Deadline set for 9/28/2020. (crt,Adams, K) (Additional attachment(s) added on 9/30/2020: # 1 Proposed order) (Devillier, W).[Transferred from Louisiana Western on 10/8/2020.] (jlrr). |
| Filing 1 COMPLAINT against Pine Prairie I C E Processing Center, Pulaski County Detention Center, Torrance County Detention Facility filed by Tadese Shiferaw. (Attachments: # 1 Civil cover sheet, # 2 Memorandum / Brief, # 3 Exhibits, # 4 Envelope)(crt,Adams, K) [Transferred from Louisiana Western on 10/8/2020.] (jlrr). |
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