Denault v. Dept of Justice et al
| Franklin S. Denault |
| D. Sproul, USP Marion, Dept of Justice, L Brooks, J Cowley, Federal Bureau of Prisons and Leslie Brooks |
| 3:2021cv00102 |
| January 28, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 6, 2022. A more recent docket listing may be available from PACER.
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Filing 19
ORDER GRANTING #17 Motion to Show Cause, in which Plaintiff asks the Court to deem the Show Cause Order (Doc. 6) satisfied based on his filing of his Consent/Non-Consent to U.S. Magistrate Judge. Plaintiff's request is granted. The Show Cause Order entered March 4, 2021 is deemed SATISFIED. Signed by Judge J. Phil Gilbert on 3/23/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 17 MOTION to Show Cause by Franklin S. Denault. (kare) |
| Filing 16 MOTION for Recruitment of Counsel by Franklin S. Denault. (kare) |
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Filing 15
ORDER DISMISSING as MOOT #8 Motion for Leave to Proceed in forma pauperis by Franklin S. Denault. Plaintiff paid his full filing fee of $402.00 for this action on March 19, 2021. Signed by Judge J. Phil Gilbert on 3/22/2021. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
ORDER GRANTING #13 Motion for Extension of Time. On or before APRIL 19, 2021, Plaintiff is ORDERED to either prepay the entire $402 filing fee or file a properly completed Motion for Leave to Proceed in forma pauperis (which includes his trust fund statement and certification for the six-month period preceding the filing of this action). Failure to do so shall result in dismissal of this action. Fed. R. Civ. P. 41(b). The Court hereby DEFERS screening of the Complaint (Doc. 1) pursuant to 28 U.S.C. 1915A until Plaintiff complies with this Order. Signed by Judge J. Phil Gilbert on 3/19/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 MOTION for Extension of Time by Franklin S. Denault. (kare) |
| Filing fee: $ 402.00, receipt number 34625107258 (amv) |
| Filing 12 NOTICE of Change of Address by Franklin S. Denault (kare) |
| Filing 11 SUPPLEMENT by Franklin S. Denault. Supplement to #8 Motion for Leave to Proceed in forma pauperis. (kare) |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 9 NOTICE to Court by Franklin S. Denault. (jaj) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by Franklin S. Denault. (jaj) |
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Filing 7
NOTICE OF IMPENDING DISMISSAL. Plaintiff is ORDERED to either prepay the entire $402 filing fee or file a properly completed Motion for Leave to Proceed in forma pauperis by March 18, 2021. Failure to do so will result in dismissal of this action. Fed. R. Civ. P. 41(b). Signed by Judge J. Phil Gilbert on 3/5/2021. (jsy)
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Filing 6
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Denault 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, Denault 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 3/18/2021. Signed by Judge J. Phil Gilbert on 3/4/2021. (tjk)
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| Filing 5 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 2/25/2021 (jaj) |
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Filing 4
ORDER: In the Complaint, Plaintiff requests an attorney to represent him in this matter. (Doc. 1). However, he has not filed a Motion for Recruitment of Counsel, in which he describes: (a) his efforts to find an attorney on his own before seeking the court's assistance; or (2) the reasons he requires the assistance of counsel in this matter. Before the Court can consider his request, Plaintiff must prepare and file a motion addressing both issues. The Clerk of Court is DIRECTED to send Plaintiff this Court's standard motion for recruitment of counsel for completion and filing by Plaintiff. He may file the motion at any time during the pending action that he deems it necessary to do so. Signed by Judge J. Phil Gilbert on 2/2/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 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 01/28/2021. Consent due by 2/18/2021 (kare) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 21-102-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 1/28/2021. (kare)
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| Filing 1 COMPLAINT against All Defendants filed by Franklin S. Denault.(kare) |
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