Oswald v. Watson
| Jason Z. Oswald |
| Rick Watson |
| 3:2021cv00445 |
| May 4, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 8
ORDER DISMISSING CASE. On May 19, 2021, Plaintiff filed a #7 Motion to Withdraw Lawsuit to inform the Court that he does not wish to proceed with this case. The motion is GRANTED, and this action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). This dismissal does not count as a "strike" within the meaning of 28 U.S.C. 1915(g). The #3 Motion for Leave to Proceed in forma pauperis and #4 Motion for Recruitment of Counsel is TERMINATED. The record shall reflect that the filing fee is SATISFIED, and no payments shall be collected from Plaintiff. The Clerk is DIRECTED to CLOSE this case. Signed by Judge J. Phil Gilbert on 5/20/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION to Withdraw Lawsuit by Jason Z. Oswald. (kare) |
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Filing 6
ORDER: On 5/4/2021, this case was severed from Oswald v. Gomric, et al, SDIL Case No. 21-cv-360-SMY. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay an additional $350.00 filing fee in this case. Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until June 8, 2021 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, the Court will assess an initial partial filing fee (if appropriate) and screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. (Action due by 6/8/2021). Signed by Judge J. Phil Gilbert on 5/4/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 NOTICE FROM CLERK Instructing Oswald 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 Oswald on 5/4/2021. Consent due by 5/25/2021 (tjk) |
| Filing 4 MOTION for Recruitment of Counsel by Jason Z. Oswald. (tjk) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Jason Z. Oswald. (tjk) |
| Filing 2 COMPLAINT against Rick Watson, filed by Jason Z. Oswald.(tjk) |
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Filing 1
MEMORANDUM AND ORDER severing case number 21-360-SMY. Signed by Judge Staci M. Yandle on 5/3/2021. (tjk)
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| Defendant: Rick Watson | |
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| Plaintiff: Jason Z. Oswald | |
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