Warren v. McQueen
Plaintiff: Frederick Warren
Defendant: McQueen
Case Number: 3:2021cv00575
Filed: June 11, 2021
Court: U.S. District Court for the Southern District of Illinois
Presiding Judge: Mark A Beatty
Referring Judge: Staci M Yandle
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2021 Opinion or Order Filing 16 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 3:21-cv-00575-MAB. Any District Judge previously assigned will no longer be assigned to this case. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 21, 2021 Opinion or Order Filing 15 FINAL CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Fuller, Victoria) Modified on 7/21/2021 (clt).
July 19, 2021 Opinion or Order Filing 14 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
July 19, 2021 Opinion or Order Filing 13 NOTICE FROM CLERK Instructing McQueen 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 McQueen on 7/19/21. Consent due by 8/9/2021 (clt)
July 19, 2021 Opinion or Order Filing 12 NOTICE of Appearance by Victoria Fuller on behalf of McQueen (Fuller, Victoria)
July 12, 2021 Opinion or Order Filing 11 WAIVER OF SERVICE Returned Executed McQueen waiver sent on 6/28/2021, answer due 8/27/2021. (jaj)
July 8, 2021 Opinion or Order Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
July 6, 2021 Opinion or Order Filing 9 NOTICE: Frederick Warren 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, Frederick Warren 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 7/13/2021 (clt)
June 28, 2021 Opinion or Order Filing 8 REQUEST FOR WAIVER of Service sent to McQueen on 6/28/2021. Waiver of Service due by 7/28/2021. (tjk)
June 28, 2021 Opinion or Order Filing 7 HIPAA Qualified Protective Order. Signed by Judge Staci M. Yandle on 6/28/2021. (clt)
June 28, 2021 Opinion or Order Filing 6 Order for Service of Process upon McQueen. The Eighth Amendment use of excessive force claim in the Complaint will proceed against Defendant McQueen. 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)
June 23, 2021 Opinion or Order Filing 5 ORDER DENYING #2 Motion for Recruitment of Counsel. 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. Plaintiff has satisfied the first prong of the analysis by demonstrating reasonable efforts to obtain counsel on his own. With regard to the second prong, the Court finds Plaintiff is capable of proceeding pro se at this time. This case involves one straightforward claim against one defendant. Plaintiff has demonstrated the ability to articulate clearly and effectively on his own behalf. After consideration of the Pruitt factors, the motion is DENIED. 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.
June 23, 2021 Opinion or Order Filing fee: $ 402, receipt number 34625108687 (clt)
June 11, 2021 Opinion or Order Filing 4 NOTICE FROM CLERK Instructing Frederick Warren 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 Frederick Warren on 06/11/2021. Consent due by 7/2/2021 (kare)
June 11, 2021 Opinion or Order Filing 3 NOTICE AND ORDER: The Court has received your Complaint. Your case number is 21-575-SMY. 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 Staci M. Yandle on 6/11/2021. (kare)
June 11, 2021 Opinion or Order Filing 2 MOTION for Recruitment of Counsel by Frederick Warren. (kare)
June 11, 2021 Opinion or Order Filing 1 COMPLAINT against McQueen filed by Frederick Warren.(kare)

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Defendant: McQueen
Represented By: Victoria Fuller
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Plaintiff: Frederick Warren
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