Smith v. Birch et al
| Jared Michael Smith |
| S. Stevens, Caldwell, Kimberly Birch and Louis Shicker |
| 3:2021cv00534 |
| June 2, 2021 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 1, 2021. A more recent docket listing may be available from PACER.
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Filing 9
ORDER granting #8 Plaintiff's Motion to voluntarily dismiss this severed case. Service has not yet been ordered and Respondent has not filed a response. Pursuant to Rule 41(a)(1)(A)(i), Plaintiff's motion for voluntary dismissal "effected the immediate dismissal of the suit." Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011). Accordingly, this case is DISMISSED without prejudice and all pending motions are DENIED AS MOOT. The Clerk of Court is DIRECTED to close the case. Signed by Chief Judge Nancy J. Rosenstengel on 7/1/2021. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 MOTION to Dismiss by Jared Michael Smith. Responses due by 8/5/2021 (kare) |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (dsw) |
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Filing 6
ORDER: On 6/2/2021, this case was severed from Smith v. Kuforiji, et al, SDIL Case No. 21-cv-97-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 $402.00 filing fee in this case ($350.00 if he is granted leave to proceed in forma pauperis). 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 July 7, 2021 to advise the Court in writing whether he wishes to proceed with this lawsuit. After the fee status is resolved, the Court will 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 7/7/2021). Signed by Chief Judge Nancy J. Rosenstengel on 6/2/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Nancy J. Rosenstengel for all further proceedings. Judge Staci M. Yandle no longer assigned to case. Signed by Judge Staci M. Yandle on 6/2/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 NOTICE FROM CLERK Instructing Jared Michael Smith 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 Jared Michael Smith on 06/02/2021. Consent due by 6/23/2021 (kare) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Jared Michael Smith. (kare) |
| Filing 2 COMPLAINT against All Defendants, filed by Jared Michael Smith.(kare) |
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Filing 1
MEMORANDUM AND ORDER severing case 21-97-SMY. Signed by Judge Staci M. Yandle on 6/2/2021. (kare)
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