Roberson v. Morrison et al
| Edward E. Roberson |
| Moore, Ostlundmeiner and Morrison |
| 3:2020cv01147 |
| October 29, 2020 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 8
CLERK'S JUDGMENT. Approved by Judge Staci M. Yandle on 12/10/2020. (tjk)
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Filing 7
ORDER DISMISSING CASE: Plaintiff was ordered to affirmatively notify the Court whether he wanted to proceed with this case or voluntarily dismiss it (Doc. 5). Plaintiff was also warned that his failure to respond would result in this case being dismissed without prejudice (Doc. 5). The deadline for responding has expired and the Court has not heard from Plaintiff. Consequently, this case is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to follow an order of the Court and failure to prosecute. The Clerk of Court is DIRECTED to enter judgment accordingly. Furthermore, despite the dismissal, Plaintiff remains obligated to pay the full filing fee. Pursuant to 28 U.S.C. 1915(b)(1), and based on Plaintiff's previously submitted trust fund records for the six months immediately prior to the date the original case was filed, Plaintiff is assessed an initial partial filing fee of $18.51. 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. 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 mail a copy of this Order to the Trust Fund Officer at Menard Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 12/10/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
ORDER. Plaintiff's Motion for Recruitment of Counsel (Doc. #4 ) is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court conducts a preliminary review of the Complaint under 28 U.S.C. 1915A, which requires the Court to screen prisoner Complaints to filter out nonmeritorious claims. 28 U.S.C. 1915A(a). Civil litigants do not have a constitutional or statutory right to counsel. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). A district court considering an indigent plaintiff's request for counsel must first consider whether the plaintiff has made reasonable attempts to secure counsel on his own or been effectively precluded from doing so; and, if so, whether the difficulty of the case factually and legally exceeds his capacity as a layperson to present it. Id. at 654-655. Neither of these requirements is satisfied. Plaintiff has not demonstrated reasonable efforts to locate counsel on his own, and he identifies no significant impediments to self-representation. If Plaintiff's Complaint survives Section 1915A review, he may renew his request for counsel, attaching rejection letters from at least 3 attorneys, to demonstrate that he has made reasonable efforts to obtain counsel on his own. Signed by Judge Staci M. Yandle on 11/2/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
ORDER: On 10/29/2020, this case was severed from Roberson v. Lawrence, et al, SDIL Case No. 19-cv-1188-GCS. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay an additional $350.00 filing fee in this case. Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until 12/3/2020 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, the Court will assess an initial partial filing fee (if appropriate) and screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. (Action due by 12/3/2020). Signed by Judge Staci M. Yandle on 10/29/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
MOTION for Recruitment of Counsel by Edward E. Roberson. (tjk)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Edward E. Roberson. (tjk)
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Filing 2
COMPLAINT against Moore, Morrison, Ostlundmeiner, filed by Edward E. Roberson. (Attachments: #1 Exhibit)(tjk)
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Filing 1
MEMORANDUM AND ORDER severing case number 19-1188-GCS. Signed by Magistrate Judge Gilbert C. Sison on 10/29/2020. (tjk)
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