Prindable v. Marcowitz et al
| Luke Alexander Prindable |
| Doctor Marcowitz, Tom, City of Belleville, Illinois, Richard Watson, Officer Rivera, C/O Sereno, Nurse Melody and Sergeant Chambers |
| 3:2021cv00685 |
| June 22, 2021 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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Filing 51
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-00685-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.
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Filing 50
FINAL CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Peek, Kevin) Modified on 8/12/2021 (clt).
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Filing 49
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hunter, Thomas)
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Filing 48
ANSWER to #1 Complaint and Affirmative Defenses by C/O Sereno.(Hunter, Thomas)
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Filing 47
ANSWER to #1 Complaint and Affirmative Defenses by Officer Rivera.(Hunter, Thomas)
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Filing 46
ANSWER to #1 Complaint and Affirmative Defenses by Sergeant Chambers.(Hunter, Thomas)
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Filing 45
ORDER DENYING #44 Motion to Request Subpoena and Motion for Copies for the same reason both of these requests were previously denied in the Courts Order at Doc. 31. The Clerks Office is DIRECTED to provide Plaintiff with a copy of that Order (Doc. 31) along with this Order. Signed by Judge J. Phil Gilbert on 8/6/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 44
MOTION Requesting Subpoena and MOTION for Copies by Luke Alexander Prindable. (jaj)
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Filing 43
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 42
ORDER DENYING #41 Motion to Consolidate Cases. Plaintiff states he wishes to "press charges" against "Mark in 8 cell" for events that occurred on July 24, 2021. This is not relief this Court can grant under 42 U.S.C. 1983. Plaintiff also seeks to consolidate seven cases pending in this District, and the motion is DENIED without prejudice. Pursuant to Federal Rule of Civil Procedure 42(a), a court may consolidate actions when they "involve a common question of law or fact." Although Plaintiff asserts the cases are "closely related" and happened in a "short time-span," he does not offer any factual support for those claims and points to no common questions of law or fact. Moreover, the cases are currently in various stages of review under 28 U.S.C. 1915A. Once an operative complaint survives screening under Section 1915A, Plaintiff may file a new motion seeking consolidation in the screened case. In the motion, he should explain why consolidation is appropriate under Rule 42, Fed. R. Civ. P. Signed by Judge J. Phil Gilbert on 7/30/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 41
MOTION to Consolidate Cases by Luke Alexander Prindable. (jaj)
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Filing 40
NOTICE FROM CLERK Instructing Sergeant Chambers 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 Sergeant Chambers on 7/27/21. Consent due by 8/17/2021 (clt)
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Filing 39
DEMAND for Trial by Jury by Sergeant Chambers. (Hunter, Thomas)
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Filing 38
WAIVER OF SERVICE Returned Executed by Sergeant Chambers. Sergeant Chambers waiver sent on 6/28/2021, answer due 8/27/2021. (Hunter, Thomas)
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Filing 37
NOTICE of Appearance by Thomas J Hunter on behalf of Sergeant Chambers (Hunter, Thomas)
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Filing 36
NOTICE FROM CLERK Instructing Doctor Marcowitz, Nurse Melody, Tom 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 Doctor Marcowitz, Nurse Melody, Tom on 7/23/21. Consent due by 8/13/2021 (clt)
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Filing 35
NOTICE of Appearance by Kevin K. Peek on behalf of Doctor Marcowitz, Nurse Melody, Tom (Peek, Kevin)
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Filing 34
DEMAND for Trial by Jury by Doctor Marcowitz, Nurse Melody, Tom. (Sharp, Rodney)
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Filing 33
NOTICE of Appearance by Rodney M. Sharp on behalf of Doctor Marcowitz, Nurse Melody, Tom (Sharp, Rodney)
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Filing 32
ORDER DENYING #29 Motion for Temporary Restraining Order (TRO). Plaintiff seeks a transfer from St. Clair County Jail to another facility because of problems at the Jail. He specifically complains that "people" are "pooping in [his] ceiling vent" and thereby "exposing [him] to tuberculosis." He also complains that "people" are "blowing on" him daily while he rests in front of the ceiling vent. Finally, he complains that these individuals are not feeding him "like they are supposed to." A TRO is an order issued without notice to the party to be enjoined, and it may last no more than fourteen (14) days. See FED. R. CIV. P. 65(b)(2). In order to obtain a TRO, a plaintiff must set forth "specific facts in an affidavit or a verified complaint [to] clearly show that immediate or irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." FED. R. CIV. P. 65(b)(1)(A). Such injunctive relief is warranted "to prevent a substantial risk of serious injury from ripening into actual harm." Farmer v. Brennan, 511 U.S. 825, 845 (1994). Plaintiff does not satisfy this standard. He does not identify who was responsible for any misconduct, how the misconduct violated his rights, or what actual harm he will suffer without a TRO. His allegations are also fantastical, delusional, and vague. Accordingly, the motion is DENIED without prejudice. Signed by Judge J. Phil Gilbert on 7/22/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 31
ORDER DENYING #27 Motion For Miscellaneous Relief and #28 Motion for Copies filed by Luke Alexander Prindable. Plaintiff seeks a copy of "everything" filed in all of his pending cases. Plaintiff's request for free copies is DENIED. As a general rule, the District Clerk will mail paper copies of any document to a party only upon prepayment of the required fee. According to 28 U.S.C. 1914(b), "[t]he clerk shall collect from the parties such additional fees only as are prescribed by the Judicial Conference of the United States." The Judicial Conference Schedule of Fees section (4) provides that a fee of $.50 per page shall apply for reproducing any record or paper. The CLERK is DIRECTED to mail Plaintiff a copy of the docket sheet in each of his pending cases in this district. Should Plaintiff desire copies of any documents from the court file, he should request the document(s) by number and send the required prepayment. Plaintiff's request for a copy of his medical file is also DENIED. The Court does not possess this information or provide responses to discovery requests. Plaintiff may direct this request to Defendants at the appropriate time, as described in the Scheduling Order that will be entered in this case after all defendants answer. Signed by Judge J. Phil Gilbert on 7/22/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
MOTION For Miscellaneous Relief by Luke Alexander Prindable. (kare)
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Filing 30
SUPPLEMENT by Luke Alexander Prindable. Supplement to #1 Complaint. (jaj)
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Filing 29
MOTION for Temporary Restraining Order by Luke Alexander Prindable. (jaj)
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Filing 28
MOTION for copies by Luke Alexander Prindable. (jaj)
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Filing 26
ORDER DENYING #24 Motion to Amend Complaint/Add Parties. Plaintiff filed this motion in each of his four open cases in this district: Case Nos. 21-cv-418-JPG, 21-cv-527-JPG, 21-cv-685-JPG, and 21-cv-696-JPG. In the motion, he lists the names of known and unknown individuals he wishes to add as defendants in each of his cases. However, he does not explain why or offer any additional allegations against them. He also fails to provide a proposed amended complaint with the motion. The Court does not accept piecemeal amendments to a complaint, and this motion represents Plaintiff's attempt to offer a piecemeal amendment in four separate actions. The motion is denied without prejudice. If Plaintiff wishes to file an amended complaint to add claims or parties to any action pending in this district, he should review Federal Rule of Civil Procedure 15, SDIL-Local Rule 15.1, and the scheduling order (if any has been entered) before doing so. There, he will learn that a motion seeking leave to amend the complaint must be accompanied by a proposed amended complaint for each separate case. The proposed amended complaint must stand on its own without reference to any prior version of the complaint. If leave is granted to file it, the amended complaint will supersede and replace all prior versions. Plaintiff must also file the amended complaint according to the instructions and deadlines in Rule 15, SDIL-LR 15.1, and the scheduling order entered in each case. Signed by Judge J. Phil Gilbert on 7/20/2021. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 25
NOTICE FROM CLERK Instructing Officer Rivera, C/O Sereno, Richard Watson 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 Officer Rivera, C/O Sereno, Richard Watson on 7/19/21. Consent due by 8/9/2021 (clt)
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Filing 24
MOTION to Amend/Add Parties by Luke Alexander Prindable. (jaj)
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Filing 23
DEMAND for Trial by Jury by Officer Rivera, C/O Sereno, Richard Watson. (Hunter, Thomas)
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Filing 22
NOTICE of Appearance by Thomas J Hunter on behalf of Officer Rivera, C/O Sereno, Richard Watson (Hunter, Thomas)
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Filing 21
WAIVER OF SERVICE Returned Executed Doctor Marcowitz waiver sent on 6/28/2021, answer due 8/27/2021; Nurse Melody waiver sent on 6/28/2021, answer due 8/27/2021; Tom waiver sent on 6/28/2021, answer due 8/27/2021; Richard Watson waiver sent on 6/28/2021, answer due 8/27/2021. (tjk)
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Filing 20
ORDER: Plaintiff requests help litigating this matter in a Written Statement (Doc. 18) filed July 2, 2021. Plaintiff should telephone or write at least three (3) attorneys or law firms to request representation in this matter, and he should save copies of all communications to and from them. If his efforts to find an attorney are unsuccessful or he is unable to look for one, he may renew his request for court-recruited counsel by filing a motion for recruitment of counsel at any time he deems it appropriate. The Clerk's Office is DIRECTED to SEND him this Court's standard form motion for recruitment of counsel for this purpose. Signed by Judge J. Phil Gilbert on 7/7/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 19
WAIVER OF SERVICE Returned Executed Officer Rivera waiver sent on 6/28/2021, answer due 8/27/2021; C/O Sereno waiver sent on 6/28/2021, answer due 8/27/2021. (tjk)
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Filing 18
Written Statement to the Court from Plaintiff. (jaj)
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Filing 17
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 16
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $36.73. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to send a copy of this Order to the Trust Fund Officer at the St. Clair County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 7/2/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
Prisoner Trust Fund Account Statement by Luke Alexander Prindable. (jaj)
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Filing 14
ORDER: Plaintiff submitted an unsigned Letter (Doc. 11) on June 25, 2021, and it was filed in each of his five cases. However, the Court cannot take action on unsigned documents. Rule 11(a) of the Federal Rules of Civil Procedure requires that "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." Moreover, it is unclear what action Plaintiff is asking the Court to take. In it, Plaintiff complains about conditions he has encountered in June 2021. Because he includes no request for relief, however, the Court is unable to discern the purpose of this document. The Clerk's Office is thus DIRECTED to RETURN a copy of the Letter and this Order to Plaintiff for signature and refiling with a request for relief. Plaintiff is WARNED that the unsigned letter shall be STRICKEN from this action, if he does not resubmit a signed copy and explain the purpose of the letter therein on or before JULY 8, 2021. Signed by Judge J. Phil Gilbert on 6/29/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
ORDER GRANTING #10 Motion for Status. Plaintiff seeks confirmation that his five civil rights complaints have been filed with the Court, and he requests the status of each one. The Court has received and filed all five complaints as separate actions and accepts Plaintiff's motion for status as confirmation that he intends to proceed separately with each one. These cases are Prindable v. Gadfrey, No. 21-cv-696-JPG (S.D. Ill. filed June 24, 2021); Prindable v. Marcowitz, No. 21-cv-685-JPG (S.D. Ill. filed June 22, 2021); Prindable v. Chambers, No. 21-cv-527-JPG (S.D. Ill. filed June 1, 2021); and Prindable v. Briggs, No. 21-cv-418-JPG (S.D. Ill. filed April 27, 2021); see also Prindable v. Watson, No. 21-cv-697-SPM (S.D. Ill. filed June 24, 2021). With the exception of Case No. 21-cv-685-JPG screened on June 25, 2021, all cases are still under review pursuant to 28 U.S.C. 1915A. Plaintiff will be provided with a copy of the Court's Screening Order once this review process is complete. In the meantime, Plaintiff should refer to the docket sheet for each case that was provided to him pursuant to the Order at Doc. 9 in Case No. 21-cv-685-JPG. Signed by Judge J. Phil Gilbert on 6/29/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
REQUEST FOR WAIVER of Service sent to MARCOWITZ, RIVERA, SERENO, CHAMBERS, MELODY, TOM, and WATSON on 6/28/2021. Waiver of Service due by 7/28/2021. (tjk)
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Filing 11
STRICKEN-Letter from Plaintiff to the Court. (jaj) Modified on 6/29/2021 (jlrr).
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Filing 10
MOTION for status by Luke Alexander Prindable. (jaj)
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Filing 9
ORDER GRANTING Plaintiff's request in the Complaint (Docs. 1, 1-1) for the status of his pending lawsuits. Plaintiff has filed the following lawsuits in this District in 2021: Prindable v. Watson, No. 21-cv-697-SPM (S.D. Ill. filed June 24, 2021); Prindable v. Gadfrey, No. 21-cv-696-JPG (S.D. Ill. filed June 24, 2021); Prindable v. Macowitz, No. 21-cv-685-JPG (S.D. Ill. filed June 22, 2021); Prindable v. Chambers, No. 21-cv-527-JPG (S.D. Ill. filed June 1, 2021); and Prindable v. Briggs, No. 21-cv-418-JPG (S.D. Ill. filed April 27, 2021). The Clerk's Office is DIRECTED to provide Plaintiff with a courtesy copy of the docket sheet in each of these matters so that he can review the status of each case, as well as this Court's standard form Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241, civil rights complaint form, motion for recruitment of counsel, and motion for leave to proceed in forma pauperis. Signed by Judge J. Phil Gilbert on 6/24/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 6/25/2021. (jaj)
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Filing 7
ORDER FOR SERVICE OF PROCESS on MARCOWITZ, RIVERA, SERENO, CHAMBERS, MELODY, TOM, and WATSON (official capacity only). COUNT 1 will receive further review against these defendants. However, COUNT 1 is DISMISSED without prejudice against the CITY OF BELLEVILLE and WATSON (individual capacity), and COUNT 2 is DISMISSED with prejudice against ALL DEFENDANTS. The Clerk's Office is DIRECTED to TERMINATE the CITY OF BELLEVILLE as a party in CM/ECF and ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Plaintiff's Motion for Recruitment of Counsel is DENIED without prejudice. If Plaintiff requires interim relief, he may file a separate motion for TRO and/or preliminary injunction pursuant to Fed. R. Civ. P. 65(a)-(b) at any time during the pending action. Signed by Judge J. Phil Gilbert on 6/24/2021. (jsy)
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Filing 6
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 12/1/2020 to 6/22/2021 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. 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). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at St. Clair County Jail. (Trust Fund Statement due on or before 8/9/2021). Signed by Judge J. Phil Gilbert on 6/23/2021. (tjk)
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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 21-685-JPG. 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 J. Phil Gilbert on 6/22/2021. (jaj)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 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 6/22/2021. Consent due by 7/13/2021 (jaj)
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Filing 3
MOTION for Recruitment of Counsel by Luke Alexander Prindable. (jaj)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Luke Alexander Prindable. (jaj)
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Filing 1
COMPLAINT against All Defendants filed by Luke Alexander Prindable. (Attachments: #1 Letter to the Clerk)(jaj)
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