Bohn v. Sproul
| Jonathan W. Bohn |
| Mr. Sproul and Medical Staff |
| 3:2020cv01289 |
| December 3, 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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This docket was last retrieved on January 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 13 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 12 NOTICE to Plaintiff STRIKING PLEADING: The Clerks Office received your Consent to Proceed Before a Magistrate Judge Jurisdiction form. The form is incomplete. You did not check whether you consent or decline to consent to proceed before a magistrate judge. Additionally, you did not sign the form. Therefore, the pleading is STRICKEN. Another form is attached to this Notice. Please check one of the boxes at the bottom of the form where it says Check One. Then date and sign the form. The form should be re-filed as soon as possible. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 11 ENTRY STRICKEN - CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
Filing 10
ORDER GRANTING #9 Motion to Withdraw / Voluntarily Dismiss Case. Plaintiff has informed the Court that he does not wish to proceed with this matter. Consequently, this action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). This dismissal shall not count as a "strike" within the meaning of 28 U.S.C. 1915(g). The record shall reflect that the filing fee is satisfied, and no payments shall be collected from Plaintiff. The pending #6 Motion for Leave to Proceed In Forma Pauperis is TERMINATED. The Clerk is DIRECTED to CLOSE this case. Signed by Judge J. Phil Gilbert on 1/4/2021. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 MOTION to Withdraw Case by Jonathan W. Bohn. (jaj) |
| Filing 8 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 1/4/2021 (jaj) |
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Filing 7
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #6 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 6/1/2020 to 12/3/2020 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Marion USP. (Trust Fund Statement due on or before 1/25/2021). Signed by Judge J. Phil Gilbert on 12/9/2020. (tjk)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Jonathan W. Bohn. (jaj) |
| Filing 5 COMPLAINT against All Defendants filed by Jonathan W. Bohn.(jaj) |
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Filing 4
ORDER: This case was opened when Plaintiff filed a self-styled "Notice of Civil Complaint" on December 3, 2020. Plaintiff seeks permission to bring a civil rights action for violations of his constitutional rights by Warden D. Sproul at the United States Penitentiary in Marion, Illinois. He includes no statement of claim, no allegations against the warden, and no request for relief. The document does not survive preliminary review under 28 U.S.C. 1915A and shall be dismissed without prejudice for failure to state a claim. However, Plaintiff will have an opportunity to prepare and file a proper civil rights complaint using the standard civil rights complaint form provided to him by the Clerk's Office. He should label the form "Amended Complaint" and list this case number (Case No. 20-cv-1289-JPG) on the first page. He must also list all defendants, include a statement of his claim, and make a request for relief. He must also file a Motion for Leave to Proceed in forma pauperis ("IFP motion") or prepay the full $402.00 filing fee for this action. (See Doc. 3). The deadline for filing an Amended Complaint and IFP motion or fee is JANUARY 4, 2021. Failure to file an Amended Complaint and IFP motion by the deadline shall result in dismissal of this action. Fed. R. Civ. P. 41(b). The Clerk's Office is DIRECTED to send Plaintiff a blank civil rights complaint form, another blank IFP motion, and a copy of this Order. Signed by Judge J. Phil Gilbert on 12/4/2020. (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 20-1289-JPG. Within 30 days of the entry of this Order, you are ORDERED to submit the $402.00 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 12/3/2020. (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 12/3/2020. Consent due by 12/28/2020 (jaj) |
| Filing 1 COMPLAINT against Mr. Sproul filed by Jonathan W. Bohn.(jaj) |
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