Akers v. Gilbert et al
Plaintiff: Montgomery Carl Akers
Defendant: 1 - 12 Does, Katherine Siereveld, Kathy Hill, Stacey Byram, Gary Burgess, Laura Jones, AW Christensen, Dan Sproul, J. Phil Gilbert and USA
Case Number: 3:2020cv01096
Filed: October 16, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: David W Dugan
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1346
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 22, 2020 Opinion or Order Filing 8 ORDER: The Clerk of Court is DIRECTED to SUBSTITUTE the UNITED STATES in place of Defendants Gilbert and Jones. To the extent Plaintiff has asserted defamation and conspiracy claims against the remaining named Defendants, such claims will be construed as being asserted against the United States. The Clerk of Court is DIRECTED to RECHARACTERIZE the case as being brought pursuant to the Federal Tort Claims Act. Pursuant to Plaintiff's filing ban, IT IS ORDERED that this matter be ADMINISTRATIVELY CLOSED. Signed by Judge David W. Dugan on 10/22/20. (bps)
October 20, 2020 Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #3 Notice of Initial Magistrate Assignment. Case was assigned incorrectly. Case reassigned to Judge David W. Dugan. No further action required. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 20, 2020 Opinion or Order Filing 6 NOTICE AND ORDER: Defendants removed this action from state court on 10/16/2020. The case has been assigned to Judge David W. Dugan and all pleadings shall bear the case number 20-1096-DWD.The Complaint appears to be a civil action, filed by a prisoner (as defined by the Prison Litigation Reform Act), seeking redress from a governmental entity and/or officer or employee of a governmental entity. Such actions are subject to a preliminary merits review pursuant to 28 U.S.C. Sec. 1915A. Martin v. United States, 96 F.3d 853, 854 (7th Cir. 1996). Accordingly, if the Court finds that removal is proper, the Court will proceed with reviewing the Complaint pursuant to Section 1915A. The Court will conduct this review within the next 60 days and inform the parties of the findings in a Merit Review Order. If the parties do not receive a Merit Review Order within the next 60 days, a motion for status may be filed. If the Complaint survives the merit review, further information and instruction will be provided at that time. 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, Petitioner is advised that if his address changes, he 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 this case. Signed by Judge David W. Dugan on 10/20/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 20, 2020 Filing 5 NOTICE FROM CLERK Instructing Plaintiff and Defendants 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 and Defendants on 10/20/2020. Consent due by 11/10/2020 (jaj)
October 20, 2020 Filing 4 Case Reassigned to Judge David W. Dugan. Magistrate Judge Mark A. Beatty no longer assigned to the case. (dkd)
October 19, 2020 Filing 3 ENTRY STRICKEN - NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: All Parties. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-1096-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 11/9/2020 (ack) Modified on 10/20/2020 (jaj).
October 16, 2020 Filing 2 NOTICE of Appearance by Nathan E. Wyatt on behalf of Gary Burgess, Stacey Byram, AW Christensen, 1 - 12 Does, Kathy Hill, Laura Jones, Katherine Siereveld, Dan Sproul (Wyatt, Nathan)
October 16, 2020 Filing 1 NOTICE OF REMOVAL from Williamson County, case number 2020-L-114, filed by All Defendants. (Attachments: #1 Exhibit Court Documents, #2 Exhibit Certification, #3 Civil Cover Sheet Civil Cover Sheet)(Wyatt, Nathan)

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Search for this case: Akers v. Gilbert et al
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Defendant: 1 - 12 Does
Represented By: Nathan E. Wyatt
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Defendant: Katherine Siereveld
Represented By: Nathan E. Wyatt
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Defendant: Kathy Hill
Represented By: Nathan E. Wyatt
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Defendant: Stacey Byram
Represented By: Nathan E. Wyatt
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Defendant: Gary Burgess
Represented By: Nathan E. Wyatt
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Defendant: Laura Jones
Represented By: Nathan E. Wyatt
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Defendant: AW Christensen
Represented By: Nathan E. Wyatt
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Defendant: Dan Sproul
Represented By: Nathan E. Wyatt
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Defendant: J. Phil Gilbert
Represented By: Nathan E. Wyatt
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Defendant: USA
Represented By: Nathan E. Wyatt
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Plaintiff: Montgomery Carl Akers
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