Roberson v. Fenti et al
| Edward E. Roberson |
| Sgt. Susler, John Doe 1, Sgt. Jones, C/O Fenti, Anthony Wills, John Doe 2, John Doe 3 and John Doe 4 |
| 3:2020cv01296 |
| December 4, 2020 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 20 NOTICE FROM CLERK Instructing C/O Fenti, Sgt. Jones, Sgt. Susler, Anthony Wills 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 C/O Fenti, Sgt. Jones, Sgt. Susler, Anthony Wills on 1/13/21. Consent due by 2/3/2021 (ack) |
| Filing 19 NOTICE of Appearance by R. Levi Carwile on behalf of C/O Fenti, Sgt. Jones, Sgt. Susler, Anthony Wills (Carwile, R.) |
| Filing 18 NOTICE: The Court has received from Plaintiff a First Set of Interrogatories to Defendant Anthony Wills. These documents will not be filed as it would violate this Court's Local Rule 26.1(b). No discovery materials shall be filed. Your documents were received electronically, therefore, will not be returned to you. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 17 NOTICE to Plaintiff Edward E. Roberson advising that his electronically submitted Request for Production will not be filed as discovery documents are not filed in this Court. (kls3) Modified on 1/4/2021 (kls3). |
| Filing 16 WAIVER OF SERVICE Returned Executed C/O Fenti waiver sent on 12/30/2020, answer due 3/1/2021; Sgt. Jones waiver sent on 12/30/2020, answer due 3/1/2021; Sgt. Susler waiver sent on 12/30/2020, answer due 3/1/2021; Anthony Wills waiver sent on 12/30/2020, answer due 3/1/2021. (tjk) |
| Filing 15 REQUEST FOR WAIVER of Service sent to C/O Fenti, Sgt. Susler, Sgt. Jones and Warden Anthony Wills on 12/30/2020. Waiver of Service due by 1/30/2021. (Attachments: #1 Jones, #2 Susler, #3 Wills)(jaj) |
Filing 14
ORDER: The Complaint survives screening pursuant to Section 1915A. The Clerk of Court is DIRECTED to ADD Anthony Wills as a defendant in his official capacity only and to ADD John Does 2, 3, and 4 to the docket as defendants. The Clerk is further DIRECTED to serve process in accordance with this Order upon Fenti, Susler, Jones, John Does 1-4 (once identified) and Anthony Wills (official capacity only). The #11 MOTION for Preliminary Injunction is DENIED without prejudice. Signed by Judge Stephen P. McGlynn on 12/30/2020. (jrj)
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| Filing 13 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 12 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) |
| Filing 11 MOTION for and Order to Show Cause, Preliminary Injunction and Temporary Restraining Order by Edward E. Roberson. (jaj) |
| Filing 10 Initial Prisoner Filing Fee: $ 3.19 received, receipt number 44625013703 (tba) |
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Filing 9
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $3.19. 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 Menard Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 12/11/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 Prisoner Trust Fund Account Statement. (amv) |
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Filing 7
ORDER denying #2 Motion for Preliminary Injunction and Temporary Restraining Order. Along with his Complaint, Plaintiff has filed a document titled "Order to Show Cause for a Preliminary Injunction & Temporary Restraining Order." The Court construes Plaintiff's proposed show cause order as a request for a temporary restraining order ("TRO") and/or preliminary injunction under Federal Rule of Civil Procedure 65. To obtain emergency injunctive relief, whether through a TRO or preliminary injunction, Plaintiff must demonstrate that (1) his underlying case has some likelihood of success; (2) no adequate remedy at law exists; and (3) he will suffer irreparable harm without the relief. Merritte v. Kessel, 561 F. Appx 546, 548 (7th Cir. 2014) (citations omitted). Here, Plaintiff seeks injunctive relief to enjoin Defendants from retaliating against him in any form or fashion, but he does not state how he is currently being retaliated against or why immediate relief is warranted. He also has not provided any information regarding how he will suffer irreparable injury unless the Court grants his request. The Supreme Court has held that issuing an injunction "based only on a possibility of irreparable harm is inconsistent with our characterization of injunctive relief as an extraordinary remedy," Winter, 555 U.S. at 22 (citation omitted), and so the request for a TRO/preliminary injunction is DENIED without prejudice. Signed by Judge Stephen P. McGlynn on 12/7/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #3 ), 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 11/1/2020 to 12/4/2020 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 Menard Correctional Center. (Trust Fund Statement due on or before 1/21/2021). Signed by Judge Stephen P. McGlynn on 12/7/2020. (tjk)
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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 20-1296-SPM. 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 Stephen P. McGlynn on 12/4/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| 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 12/4/2020. Consent due by 12/28/2020 (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Edward E. Roberson. (jaj) |
| Filing 2 MOTION for Preliminary Injunction and Temporary Restraining Order by Edward E. Roberson. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Edward E. Roberson.(jaj) |
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