Winfrey-Bey v. Lambert-Goheen
| Albert Winfrey-Bey |
| Chaplain Lambert-Goheen |
| 3:2021cv00494 |
| May 18, 2021 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 11
ORDER: Plaintiff has informed the Court that he does not wish to proceed with this case. Consequently, this action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). This dismissal shall not count as a "strike" within the meaning of 28 U.S.C. 1915(g), and the record shall reflect that the filing fee is satisfied and no payments shall be collected from Plaintiff. Plaintiff has also asked the Court to provide information regarding applicable time limitations for refiling the dismissed claims. If Plaintiff intends to refile any of his claims, he should be mindful of relevant statute of limitations issues. The Court, however, cannot further advise Plaintiff on this matter and cannot make statute of limitations calculations on Plaintiff's behalf. Signed by Chief Judge Nancy J. Rosenstengel on 6/1/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 RESPONSE to 9 Order Set Deadlines filed by Albert Winfrey-Bey. (jaj) |
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Filing 9
ORDER: On 5/18/2021, this case was severed from Winfrey-Bey v. Baldwin, et al, SDIL Case No. 20-cv-1282-NJR. 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 22, 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 6/22/2021). Signed by Chief Judge Nancy J. Rosenstengel on 5/18/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 NOTICE FROM CLERK Instructing Winfrey-Bey 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 Winfrey-Bey on 5/18/2021. Consent due by 6/8/2021 (tjk) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Albert Winfrey-Bey. (tjk) |
| Filing 6 FOURTH SUPPLEMENT by Albert Winfrey-Bey. Supplement to #2 Complaint. (tjk) |
| Filing 5 THIRD SUPPLEMENT by Albert Winfrey-Bey. Supplement to #2 Complaint. (tjk) |
| Filing 4 SECOND SUPPLEMENT by Albert Winfrey-Bey. Supplement to #2 Complaint. (tjk) |
| Filing 3 SUPPLEMENT by Albert Winfrey-Bey. Supplement to #2 Complaint. (tjk) |
| Filing 2 COMPLAINT against Chaplain Lambert-Goheen, filed by Albert Winfrey-Bey.(tjk) |
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Filing 1
MEMORANDUM AND ORDER severing case number 20-1282-NJR. Signed by Chief Judge Nancy J. Rosenstengel on 5/18/2021. (tjk)
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