Brown v. Reeva et al
| Charmell Brown |
| Jane Doe, Doctor Doe, Anthony Wills, Wexford, C/O Doe, Nurse Morgan, Rob Jeffreys, Nurse Liz and Nurse Reeva |
| 3:2021cv00120 |
| February 2, 2021 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
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This docket was last retrieved on March 18, 2021. A more recent docket listing may be available from PACER.
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Filing 15
ORDER DISMISSING CASE. The instant lawsuit is duplicative of two other lawsuits pending in this District, Brown v. Reeva, et al., No. 21-cv-00090-SPM (S.D. Ill. filed Jan. 22, 2021) and Brown v. Reeva, et al., No. 21-cv-00091-NJR (S.D. Ill. filed January 25, 2021). As a result, the Court entered an Order on February 3, 2021 directing Plaintiff to advise the Court by March 5, 2021 whether he intends to pursue this action. (Doc. 7). Because Plaintiff has not responded and it is clear that this lawsuit is duplicative, it is DISMISSED without prejudice. No filing fee will be assessed, and the Clerk of Court is DIRECTED to ADMINISTRATIVELY CLOSE this case. Signed by Judge Staci M. Yandle on 3/18/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 13 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
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Filing 12
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Brown 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, Brown 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 3/23/2021. Signed by Judge Staci M. Yandle on 3/9/2021. (tjk)
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| Filing 11 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENT #10 . Duplicate Entry. No further action required.(jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 10 ENTRY STRICKEN - 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 3/2/2021 (kare) Modified on 2/24/2021 (jaj). |
| Filing 9 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 3/2/2021 (jaj) |
| Action due by 3/5/2021. (kare) |
| Filing 8 Prisoner Trust Fund Account Statement filed by Trust Fund Officer. (kare) |
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Filing 7
ORDER: The instant lawsuit appears to be duplicative of two other lawsuits pending in this District, Brown v. Reeva, et al., No. 21-cv-00090-SPM (S.D. Ill. filed Jan. 22, 2021) ("original lawsuit") and Brown v. Reeva, et al., No. 21-cv-00091-NJR (S.D. Ill. Filed January 25, 2021)("second lawsuit"). A comparison of the Complaint (Doc. 1) filed in this lawsuit on February 2, 2021, and the Complaints filed in the original lawsuit and the second lawsuit reveals that all three lawsuits involve the same defendants and claims. In fact, the filings appear to be identical with the exception that the Complaint in the original lawsuit was submitted with exhibits. It is possible that Plaintiff did not intend to open a new case. Therefore, Plaintiff is hereby ORDERED to advise the Court, in writing in this case (No. 21-cv-00120-SMY), on or before March 5, 2021 whether he intends to pursue this action. If Plaintiff timely advises the Court that he did not mean to file a new case, the Court will close this action without assessing a filing fee for this matter. Failure to timely respond to this Order may result in the dismissal of this action with the assessment of a filing fee. Fed. R. Civ. P. 41(b). Preliminary review of the Complaint (Doc. 1) is DEFERRED until Plaintiff confirms, in writing, his intent to proceed with this case. 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 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 8/1/2020 to 2/2/2021 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 3/22/2021). Signed by Judge Staci M. Yandle on 2/3/2021. (tjk)
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| Filing 5 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 02/02/2021. Consent due by 2/23/2021 (kare) |
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Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 21-120-SMY. 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 Staci M. Yandle on 2/2/2021. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Charmell Brown. (kare) |
| Filing 2 MOTION for Recruitment of Counsel by Charmell Brown. (kare) |
| Filing 1 COMPLAINT against All Defendants filed by Charmell Brown.(kare) |
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