Estep et al v. Shotwell et al
| Jodi Michelle Estep and AKW |
| Bryan Lachemeier, Russell Shotwell, Wilfred Wait and Vickie Becker |
| 3:2021cv00214 |
| February 24, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 15, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 18 Mail Returned as Undeliverable. Documents 15 & 16 sent to Jodi Estep. (jaj) |
| Filing 17 Mail Returned as Undeliverable. Mail Doc 9 and Civil Rights Complaint forms sent to Jodi Michelle Estep (kare) |
| Filing 16 CLERK'S JUDGMENT in favor of Bryan Lachemeier, Russell Shotwell, Vickie Becker, Wilfred Wait against Jodi Michelle Estep. Approved by Judge J. Phil Gilbert on 3/29/2021. (tjk) |
Filing 15
ORDER DISMISSING CASE without prejudice based on Plaintiff's failure to comply with the Court's Orders (Docs. 7, 9, and 11) to file a First Amended Complaint, pay her filing fee or file for IFP status, and update her address. FED. R. CIV. P. 41(b). Signed by Judge J. Phil Gilbert on 3/29/2021. (jsy)
|
| Filing 14 Mail Returned as Undeliverable. Mail Doc 12 sent to Jodi Michelle Estep (kare) |
| Filing 13 Mail Returned as Undeliverable. Mail Doc 11 sent to Plaintiff Jodi Michelle Estep (kare) |
| 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 3/24/2021 (kare) |
|
Filing 11
ORDER TO SHOW CAUSE: Plaintiff was advised of her continuing obligation to keep the Clerk of Court informed of any change in her address and that failure to timely update her address could result in dismissal of this action for want of prosecution. (See Doc. 7). One or more documents mailed to Plaintiff by the Court has been returned undeliverable. (See Docs. 1 and 8). Plaintiff is hereby ORDERED to SHOW CAUSE on or before MARCH 26, 2021, why this action should not be dismissed based on her failure to comply with the Court's Order at Doc. 7 to update her address and for failure to prosecute her claims. Fed. R. Civ. P. 41(b). Plaintiff is WARNED that failure to respond to this Order will result in dismissal of the action. The Clerk is DIRECTED to transmit a copy of this Order to Show Cause to Plaintiff at the address she most recently provided to the Court. Show Cause Response due by 3/26/2021. Signed by Judge J. Phil Gilbert on 3/11/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 10 Mail Returned as Undeliverable. Mail Documents 8 and 1 sent to Jodi Michelle Estep (kare) |
| Amended Complaint due by 3/26/2021. (kare) Modified on 3/1/2021 (kare). |
|
Filing 9
ORDER DISMISSING #1 COMPLAINT. Plaintiff filed this lawsuit pursuant to 42 U.S.C. 1983. In the Complaint, she names four private actors as defendants (i.e., two landlords, a maintenance man, and her family doctor) and alludes to 105 others. Plaintiff seeks "justice" and an end to "gang stalking" by state and federal officials that includes surveillance of plaintiff and her son in their home since 2017, unauthorized use of force incident to her arrest in January 2020, sexual assault in jail in January 2020, and destruction of personal property, among other claims. The Complaint does not survive screening under 28 U.S.C. 1915A for several reasons. First, Section 1983 gives rise to a cause of action against state actors who violate a plaintiff's rights under federal law, but Plaintiff names no state actors as defendants in the case caption of her complaint. She names only private individuals. Second, the Complaint violates Federal Rule of Civil Procedure 8 because it fails to set forth a short and plain statement of her claim against each defendant. Third, the Complaint incorrectly includes many unrelated claims against different groups of individuals together in a single action, in violation of the rules of joinder set forth in Federal Rules of Civil Procedure 18, 19, and 21. Plaintiff must focus on bringing related claims against a single group of defendants that arise from a single transaction or occurrence or a series of transactions or occurrences. If she fails to do so, the Court will sever unrelated matters into new lawsuits and assess an additional filing fee for each new case (and possibly assess a "strike" under 28 U.S.C. 1915(g)). Finally, Plaintiff refers to an emergency, but she seeks no urgent relief. If she requires urgent relief, Plaintiff should file a separate motion for a temporary restraining order or preliminary injunction under Federal Rule of Civil Procedure 65(a) or (b). The Complaint is DISMISSED without prejudice. The Clerk of Court is DIRECTED to TERMINATE all four defendants as parties in this action and SEND Plaintiff a copy of this order, blank civil rights complaint form, and blank motion for recruitment of counsel. If Plaintiff wishes to proceed any further with her claims, she must file a First Amended Complaint, with this case number listed on the first page of the complaint form (Case No. 20-cv-214-JPG) on or before MARCH 26, 2021. In addition, she must either prepay the $402.00 filing fee for this action or file a properly completed Motion for Leave to Proceed in forma pauperis (IFP motion) and trust fund account statement (see Order at Doc. 7) by the same deadline. Failure to file a First Amended Complaint AND the IFP motion/filing fee by this deadline shall result in dismissal of the action. Fed. R. Civ. P. 41(b). Signed by Judge J. Phil Gilbert on 2/26/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Set/Reset Deadlines: Redacted Complaint due by 3/23/2021. (kare) |
|
Filing 8
ORDER: The Complaint names a minor / child as a plaintiff. Pursuant to Federal Rule of Civil Procedure 5.2(a)(3), the party making the filing must refer to a minor using his or her initials only. Plaintiff Jodi Estep is hereby ORDERED to redact all references in the Complaint to the minor child and instead use the child's initials. Plaintiff is WARNED that failure to do so may result in striking the Complaint and/or dismissing the action for failure to comply with a court order. See Fed. R. Civ. P. 41(b). The Clerk of Court is DIRECTED to temporarily SEAL the Complaint and exhibits, MODIFY the docket sheet using the minor's initials in place of his or her name, and SEND the Plaintiff Estep a copy of the Complaint for redaction and refiling on or before March 23, 2021. Signed by Judge J. Phil Gilbert on 2/24/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 7
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 21-214-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 2/24/2021. (jaj)
|
| Filing 6 NOTICE FROM CLERK Instructing Plaintiff Estep 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 Estep on 2/24/2021. Consent due by 3/17/2021 (jaj) |
| Filing 5 Case transferred in from District of Indiana Southern; Case Number 1:21-cv-00397. Original file certified copy of transfer order and docket sheet received. |
| Judge J. Phil Gilbert added. Magistrate Judge Mark A. Beatty no longer assigned to case. (jaj) |
| Filing 4 Transfer Letter to Clerk of the Southern District of Illinois. Case transferred electronically to Southern District of Illinois-Benton Division, on 2/23/21. (NAD) [Transferred from Indiana Southern on 2/24/2021.] |
|
Filing 3
ORDER TRANSFERRING CASE TO SOUTHERN DISTRICT OF ILLINOIS - There are no allegations in the Plaintiffs' Complaint that connect any events or parties to the Southern District of Indiana. Each of the parties is alleged to be a citizen of Illinois, and Plaintiffs are alleged to be in Clark County Jail in Marshall, Illinois (Filing No. #1 at 2-3). Therefore, the Southern District of Indiana is an improper venue for this action, and it appears that the Southern District of Illinois, encompassing Clark County, Illinois, is the proper venue. For the foregoing reasons, the Court concludes that transferring this civil action to the proper venue is appropriate. The Clerk is directed to transfer this matter to the United States District Court for the Southern District of Illinois, Benton Division. (See Order.) Copies via US Mail per distribution list. Signed by Judge Tanya Walton Pratt on 2/23/2021.(NAD) [Transferred from Indiana Southern on 2/24/2021.]
|
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) [Transferred from Indiana Southern on 2/24/2021.] |
| Filing 1 COMPLAINT against VICKIE BECKER, BRYAN LACHEMEIER, RUSSELL SHOTWELL, WILFRED WAIT, filed by JODI MICHELLE ESTEP, ASHER KANE WATSON. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Letter from Plaintiff, #3 Envelope)(REO) [Transferred from Indiana Southern on 2/24/2021.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
