Prindable v. Watson et al
| Luke Prindable |
| City of Belleville, Richard Watson, State of Illinois, C/O Johnson 1, C/O Owens, C/O Harmon, Seargant Kempf, C/O Futrelle, Nurse Melody, C/O Johnson 2, Nurse Tammy, C/O Germane, Seargant Moore, Seargant Chambers, John Doe 1, John Doe 2 and St. Clair County, Illinois |
| 3:2021cv00697 |
| June 24, 2021 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 WAIVER OF SERVICE Returned Executed Nurse Melody waiver sent on 8/13/2021, answer due 10/12/2021; Nurse Tammy waiver sent on 8/13/2021, answer due 10/12/2021. (tjk) |
| Filing 23 REQUEST FOR WAIVER of Service sent to C/O Johnson 1, C/O Owens, C/O Harmon, Sergeant Kempf, C/O Futrelle, Nurse Melody, C/O Johnson 2, Nurse Tammy and C/O Germane on 8/13/2021. Waiver of Service due by 9/12/2021. (jaj) |
Filing 22
ORDER: The First Amended Complaint survives preliminary review pursuant to Section 1915A. The Clerk of Court is DIRECTED to serve process on Officer Johnson 1, Officer Owens, Officer Harmon, Officer Futrelle, Officer Johnson 2, Sergeant Kempf, Nurse Melody, Nurse Tammy, and Officer Germane in accordance with this Order. The Clerk of Court is further DIRECTED to modify the docket to reflect the new designations of "C/O Johnson 1" and "C/O Johnson 2." Defendants Richard Watson, John Doe Maintenance, John Doe Plumbing, City of Belleville, Moore, Chambers, and St. Clair County are DISMISSED without prejudice. The State of Illinois is DISMISSED with prejudice.The #21 MOTION for Preliminary Injunction is DENIED. Signed by Judge Stephen P. McGlynn on 8/13/2021. (jrj)
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| Filing 21 MOTION for Preliminary Injunction by Luke Prindable. (kare) |
| Filing 20 FIRST AMENDED COMPLAINT against All Defendants filed by Luke Prindable.(jaj) |
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Filing 19
ORDER denying #18 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. Plaintiff also seeks to consolidate his pending cases and lists seven cases pending in this District. 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 he has not pointed to any common questions of law or fact. Furthermore, Plaintiff's Complaint was dismissed for failure to state a claim. There is no operative Complaint in this case, and the motion is premature. For these reasons, the motion is DENIED. Plaintiff is reminded that he must file an amended complaint by August 19, 2021, or this case will be dismissed with prejudice for failure to comply with a court order and failure to prosecute. (See Doc. #17 ). Signed by Judge Stephen P. McGlynn on 7/29/2021. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 MOTION to Consolidate Cases by Luke Prindable. (jaj) |
| Set/Reset Deadlines: Amended Pleadings due by 8/19/2021. (jaj) |
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Filing 17
ORDER: The Complaint is DISMISSED without prejudice for failure to state a claim. Prindable is GRANTED leave to file a "First Amended Complaint" on or before August 19, 2021. Should Prindable fail to file a First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the entire case shall be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. FED. R. CIV. P. 41(B); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994); 28 U.S.C. 1915(e)(2). The dismissal shall also count as one of his three allotted "strikes" under 28 U.S.C. 1915(g). The #13 Motion to Amend and the #16 Motion for Temporary Restraining Order are DENIED. Signed by Judge Stephen P. McGlynn on 7/22/2021. (jrj)
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| Filing 16 MOTION for Temporary Restraining Order by Luke Prindable. (jaj) |
| Filing 15 SUPPLEMENT by Luke Prindable. Supplement to #1 Complaint. (jaj) |
| Filing 14 Prisoner Trust Fund Account Statement. (jaj) |
| Filing 13 MOTION to Amend/Add Parties by Luke Prindable. (jaj) |
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Filing 12
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #9 ). 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 Stephen P. McGlynn on 7/13/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 Prisoner Trust Fund Account Statement. (jaj) |
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Filing 10
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #9 ), 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 6/24/2021 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 8/20/2021). Signed by Judge Stephen P. McGlynn on 7/6/2021. (tjk)
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| Filing 9 MOTION for Leave to Proceed in forma pauperis by Luke Prindable. (jaj) |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 7
ORDER STRIKING #5 Letter. Plaintiff submitted an unsigned Letter (Doc. #5 ) 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. Thus, the Letter is STRICKEN. Plaintiff may refile the letter, but it must be properly signed and contain a request for relief. The Clerk's Office is DIRECTED to RETURN a copy of the Letter and this Order to Plaintiff. Signed by Judge Stephen P. McGlynn on 6/28/2021. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
ORDER GRANTING #4 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. 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. 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). 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 Stephen P. McGlynn on 6/28/2021. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 ENTRY STRICKEN per Order at 7 - Letter to the Court from Plaintiff. (jaj) Modified on 6/29/2021 (jaj). |
| Filing 4 MOTION for status by Luke Prindable. (jaj) |
| Filing 3 NOTICE FROM CLERK Instructing Luke Prindable 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 Luke Prindable on 06/24/2021. Consent due by 7/15/2021 (kare) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 21-697-SPM. 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 Stephen P. McGlynn on 6/24/2021. (kare)
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| Filing 1 COMPLAINT against All Defendants filed by Luke Prindable.(kare) |
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