Warren v. Lane et al
| Frederick Warren |
| L. Lane and Lt. McCarthy |
| 3:2021cv00538 |
| June 4, 2021 |
| U.S. District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 18 NOTICE of Appearance by R. Levi Carwile on behalf of L. Lane, Lt. McCarthy (Carwile, R.) |
| Filing 17 WAIVER OF SERVICE Returned Executed Lt. McCarthy waiver sent on 7/13/2021, answer due 9/13/2021. (tjk) |
| Filing 16 SECOND REQUEST FOR WAIVER of Service sent to McCarthy on 7/13/2021. Waiver of Service due by 8/12/2021. (tjk) |
| Filing 15 WAIVER OF SERVICE Returned Executed L. Lane waiver sent on 6/28/2021, answer due 8/27/2021. (tjk) |
Filing 14
HIPAA Qualified Protective Order. Signed by Judge Staci M. Yandle on 6/29/2021. (kdw)
|
| Filing 13 REQUEST FOR WAIVER of Service sent to L. Lane and Lt. McCarthy on 6/28/2021. Waiver of Service due by 7/28/2021. (tjk) |
|
Filing 12
Order for Service of Process upon L. Lane and Lt. McCarthy. The Eighth Amendment failure to protect claim in the Complaint will proceed against Defendants L. Lane and Lt. McCarthy. The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge Staci M. Yandle on 6/28/2021. (ksp)
|
|
Filing 11
ORDER. Plaintiff's Motion for Recruitment of Counsel (Doc. #3 ) is DENIED. Civil litigants do not have a constitutional or statutory right to counsel. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). A district court considering an indigent plaintiff's request for counsel must first consider whether the plaintiff has made reasonable attempts to secure counsel on his own or been effectively precluded from doing so; and, if so, whether the difficulty of the case factually and legally exceeds his capacity as a layperson to present it. Id. at 654-655. Neither of these requirements is satisfied. Plaintiff has not demonstrated reasonable efforts to locate counsel on his own, and he identifies no significant impediments to self-representation. If Plaintiff's Complaint survives Section 1915A review, and he encounters difficulties in self-representation as this case proceeds, he may refile his motion seeking recruitment of counsel. If he chooses to renew his request, he should submit rejection letters from at least 3 attorneys to demonstrate that he has made reasonable efforts to obtain counsel on his own for this litigation. The Court does not consider the letters attached to this motion, that are dated before the events giving rise to this lawsuit occurred, as evidence of reasonable efforts to obtain counsel for this litigation. Signed by Judge Staci M. Yandle on 6/23/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing fee: $ 402.00, receipt number 34625108686 (clt) |
|
Filing 10
ORDER denying as moot #7 Motion Not to Proceed in forma pauperis. Plaintiff's motion to proceed in forma pauperis (Doc. 2) was denied by the Court on June 8, 2021 (Doc. 6) and the filing fee is due by July 8, 2021. Failure to pay the filing fee and comply with the Court's Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Signed by Judge Staci M. Yandle on 6/17/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 9 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). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 7 MOTION to NOT Proceed in forma pauperis by Frederick Warren. (jaj) |
| Filing Fee due on or before 7/8/2021 (kare) |
|
Filing 6
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #2 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. Section 1915(a)(1). The Court is not satisfied from Warren's affidavit that he is indigent. Plaintiff's trust fund account balance as of May 24, 2021 was $1,285.84 (Doc. #2 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Plaintiff shall pay the $402.00 filing fee no later than July 8, 2021. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). 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). Signed by Judge Staci M. Yandle on 6/8/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 21-538-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 6/4/2021. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 4 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 6/4/2021. Consent due by 6/25/2021 (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Frederick Warren. (jaj) (Main Document 3 replaced on 6/7/2021) (jlrr). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Frederick Warren. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Frederick Warren.(jaj) (Additional attachment(s) added on 6/7/2021: #1 exhibits) (jaj). |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. 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.
