Johnson v. Vanzant et al
| ONeal Johnson |
| John Drannon, Councelor Vanzant, Warden Wagner, Illinois Department of Corrections Vandalia and Assistant Warden Henson |
| 3:2021cv00039 |
| January 13, 2021 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Staci M Yandle |
| Prison Condition |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on June 8, 2022. A more recent docket listing may be available from PACER.
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Filing 35
ORDER re #33 Motion for Extension of Time: Plaintiff asks for additional time to return his form indicating whether he consented to proceeding before a Magistrate Judge (see Doc. 25). He has already returned that form, however, and therefore his request is MOOT. Plaintiff also asks to receive electronic notices and communications from the Court. Plaintiff is hereby GRANTED access (via login and password) to the District Court's electronic case filing system. In order to access the system, Plaintiff must go to the District Court's website and complete the Electronic Filing Registration Form (www.ilsd.uscourts.gov, click on "Electronic Case Filing" tab). He can contact the ECF HelpDesk at (866) 867-3169 if he has questions concerning registration. Plaintiff should also review the Electronic Filing Rules prior to utilizing the system. The Clerk's Office shall provide a copy of this Order to Plaintiff by regular mail. Plaintiff is ADVISED that once he is registered for electronic filing, the Clerk's Office will no longer mail him paper copies of documents that are filed. Signed by Magistrate Judge Mark A. Beatty on 3/10/21. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 34
NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 21-cv-39-MAB. Any District Judge previously assigned will no longer be assigned to this case. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 33
MOTION for Extension of Time for notices due by Plaintiff by ONeal Johnson. (jaj)
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Filing 32
MOTION for Recruitment of Counsel by ONeal Johnson. (jaj)
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Filing 31
FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) Unsealed on 3/9/2021 (tba).
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Filing 30
WAIVER OF SERVICE Returned Executed Warden Wagner waiver sent on 2/4/2021, answer due 4/5/2021. (jaj)
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Filing 29
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Fuller, Victoria)
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Filing 28
NOTICE of Appearance by Victoria Fuller on behalf of Warden Wagner (Fuller, Victoria)
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Filing 27
NOTICE FROM CLERK Instructing John Drannon, Assistant Warden Henson, Illinois Department of Corrections Vandalia, Councelor Vanzant, Warden Wagner 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 John Drannon, Assistant Warden Henson, Illinois Department of Corrections Vandalia, Councelor Vanzant, Warden Wagner on 2/23/2021. Consent due by 3/16/2021 (tba)
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Filing 26
NOTICE of Appearance by Victoria Fuller on behalf of John Drannon, Assistant Warden Henson, Illinois Department of Corrections Vandalia, Councelor Vanzant, Warden Wagner (Fuller, Victoria)
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Filing 25
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Johnson 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, Johnson 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 3/4/2021. Signed by Judge Staci M. Yandle on 2/18/2021. (tjk)
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Filing 24
WAIVER OF SERVICE Returned Executed. (tjk)
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Filing 23
WAIVER OF SERVICE Returned Executed Illinois Department of Corrections Vandalia waiver sent on 2/5/2021, answer due 4/6/2021. (tjk)
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Filing 22
WAIVER OF SERVICE Returned Executed John Drannon waiver sent on 2/4/2021, answer due 4/5/2021. (tjk)
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Filing 21
WAIVER OF SERVICE Returned Executed Assistant Warden Henson waiver sent on 2/4/2021, answer due 4/5/2021; Councelor Vanzant waiver sent on 2/4/2021, answer due 4/5/2021. (tjk)
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Filing 20
REQUEST FOR WAIVER of Service sent to Vandalia on 2/5/2021. Waiver of Service due by 3/8/2021. (tjk)
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Filing 19
REQUEST FOR WAIVER of Service sent to Vanzant, Wagner, Henson, and Drannan on 2/4/2021. Waiver of Service due by 3/8/2021. (tjk)
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Filing 18
NOTICE: ONeal Johnson 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, ONeal Johnson 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 2/11/2021 (tba)
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Filing 17
ORDER. The Clerk of Court is DIRECTED to correct CM/ECF to reflect that Assistant Warden Henson is a Defendant not a Garnishee. Signed by Judge Staci M. Yandle on 2/3/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 16
ORDER. Plaintiff's Motion for Service of Process at Government Expense (Doc. #15 ) is GRANTED in part and DENIED in part. The Clerk of Court is DIRECTED to issue Requests for Waivers of Service of Process to Defendants. The request for service of process by the U.S. Marshal Service, however, is DENIED without prejudice at this time. If Defendants do not return executed Waivers of Service of Process, Plaintiff may re-file his request. Signed by Judge Staci M. Yandle on 2/3/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
MOTION for Service of Process at Government Expense by ONeal Johnson. (jaj)
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Action due by 2/3/2021. (tba)
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Filing 14
ORDER. Plaintiff filed this lawsuit in the United States District Court for the Northern District of Illinois on October 21, 2020 (Doc. 1) and it was transferred to this District on January 13, 2021 (Doc. 10). Upon review of the case, the Court notes that Defendants have not been served. Under Federal Rule of Civil Procedure 4(m), "[i]f a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Therefore, Plaintiff had until January 19, 2021 to serve Defendants, but appears to have taken no action to do so. If Plaintiff wants the Clerk's Office to serve process on Defendants, Plaintiff SHALL FILE a Motion for Service of Process at Government Expense within 14 days of the date of entry of this order (on or before February 2, 2021). The Clerk of Court is DIRECTED to mail to Plaintiff the Court's form Motion for Service of Process at Government Expense. If Plaintiff does not timely file a motion for service of process at government expense, it shall be Plaintiff's responsibility to have Defendants served with a summons and copy of the Complaint pursuant to Rule 4. Plaintiff is advised that only a non-party may serve a summons. Fed. R. Civ. P. 4(c)(2). If Plaintiff does not file a motion for service of process at government expense within 14 days as ordered, the Clerk shall then prepare a summons for each Defendant and shall forward the summonses and sufficient copies of the Complaint and this Memorandum and Order to Plaintiff so that he may have Defendants served. Plaintiff shall then have 60 days to complete service or this case will be dismissed pursuant to Rule 4(m). Signed by Judge Staci M. Yandle on 1/19/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
This Court has received your complaint from the Northern District of Illinois, previously assigned case number: 20-6251. Your new case number is 21-39-SMY. 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 Staci M. Yandle on 1/13/2021. (jaj)
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Filing 12
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 1/13/2021. Consent due by 2/3/2021 (jaj)
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Filing 11
Case transferred in from District of Illinois Northern; Case Number 1:20-cv-06251. Original file certified copy of transfer order and docket sheet received.
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Filing 10
TRANSFERRED to the the Southern District of Illinois, East St. Louis Division the electronic record. (bg, ) [Transferred from Illinois Northern on 1/13/2021.]
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Filing 9
ORDER: The Clerk of the Court is directed change the Nature of Suit in this matter to 555. The Clerk is also directed to transfer this action forthwith to the United States District Court for the Southern District of Illinois, East St. Louis Division, for review of Plaintiff's initial pleadings and any other action deemed appropriate. Signed by the Honorable Jorge L. Alonso on 1/12/2021. Mailed notice. (bg, ) [Transferred from Illinois Northern on 1/13/2021.]
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Filing 8
MOTION by Plaintiff ONeal Johnson to send summons by way of notarized summons and certified mail (bg, ) [Transferred from Illinois Northern on 1/13/2021.]
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MAILED copy of order dated 12/1/2020 and a IFP application to Plaintiff. (bg, ) [Transferred from Illinois Northern on 1/13/2021.]
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Filing 7
ORDER: Plaintiff O'Neal Johnson has filed a motion for attorney representation #5 and a motion for the U.S. Marshal to perform service of process #6 . The Court denies both motions without prejudice. The Clerk is directed to send a copy of this order and the form IFP application to Plaintiff. Signed by the Honorable Jorge L. Alonso on 12/1/2020. Mailed notice. (bg, ) [Transferred from Illinois Northern on 1/13/2021.]
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ALIAS Summons Issued as to Defendants John Drannon, Illinois Department of Corrections Vandalia, Councelor Vanzant, Warden Wagner, Garnishee Assistant. Warden Henson. (ec, ) [Transferred from Illinois Northern on 1/13/2021.]
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Filing 6
MOTION by Plaintiff O'Neal Johnson to have Marshalls serve summons (bg, ) [Transferred from Illinois Northern on 1/13/2021.]
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SUMMONS Issued as to Defendants John Drannon, Illinois Department of Corrections Vandalia, Councelor Vanzant, Warden Wagner, Garnishee Assistant Warden Henson. (gcy, ) [Transferred from Illinois Northern on 1/13/2021.]
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Filing 5
MOTION by Plaintiff O'Neal Johnson for attorney representation. (gcy, ) [Transferred from Illinois Northern on 1/13/2021.]
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Filing 3
PRO SE Appearance by Plaintiff O'Neal Johnson. (gcy, ) [Transferred from Illinois Northern on 1/13/2021.]
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Filing 2
CIVIL Cover Sheet. (gcy, ) [Transferred from Illinois Northern on 1/13/2021.]
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Filing 1
COMPLAINT filed by O'Neal Johnson; Jury Demand. (gcy, ) [Transferred from Illinois Northern on 1/13/2021.]
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