Howard v. Warden
| Christopher J Howard |
| Warden and USA |
| 3:2021cv00719 |
| June 25, 2021 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1346 |
| None |
Docket Report
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This docket was last retrieved on August 19, 2021. A more recent docket listing may be available from PACER.
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Filing 12
ORDER DENYING #11 Motion for Preliminary Injunction. Plaintiff seeks a preliminary injunction in this lawsuit which was dismissed with prejudice for failure to state a claim for relief. Judgment was entered on July 6, 2021. (Doc. 8). As such, Plaintiff's motion is DENIED. Further, to the extent Plaintiff complains that he was required to pay the $402 filing fee in this matter, he incurred the obligation to pay a filing fee when he filed his Complaint; his obligation to pay the filing fee cannot be waived. Butler v. Deal, 794 F.Appx 542, 544 (7th Cir. 2020). Signed by Judge Staci M. Yandle on 8/19/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 MOTION for Preliminary Injunction by Christopher J Howard. (jaj) |
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Filing 10
ORDER DENYING #9 Motion to Alter or Amend Judgment. Following preliminary review of the Complaint under 28 U.S.C. 1915A, this case was dismissed with prejudice for failure to state a claim for relief and judgment was entered on July 6, 2021. (Doc. 7). Plaintiff has filed a document titled "Amended Complaint" (Doc. #9 ) in which he asks the Court to alter or amend the judgment. The Court construes the document as a motion under Federal Rule of Civil Procedure 59(e). A Rule 59(e) motion to alter or amend judgment may only be granted if a movant shows there was a mistake of law or fact or presents newly discovered evidence that could not have been discovered previously. Obriecht v. Raemisch, 517 F.3d 489, 494 (7th Cir. 2008). Although Plaintiff asks the Court to alter or amend the judgment based on newly discovered evidence, he offers no new evidence and, instead, he merely restates allegations made in the Complaint. Plaintiff filed his Complaint pursuant to the Federal Tort Claims Act ("FTCA") and alleges he was wrongfully arrested and subjected to an excessive bond. The Complaint was dismissed because the sole Defendant the Warden of Menard is not a proper defendant for a FTCA claim. Further, the Court found it would be futile to allow Plaintiff to file an amended complaint because his claims were time barred and the Warden of Menard was not responsible for his arrest or bond. Finding no mistake of law or fact in its Order dismissing this lawsuit, the motion is DENIED. Signed by Judge Staci M. Yandle on 7/16/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 AMENDED COMPLAINT against USA filed by Christopher J Howard.(jaj) |
| Filing 8 CLERK'S JUDGMENT. Approved by Judge Staci M. Yandle on 7/6/2021. (ksp) |
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Filing 7
ORDER DISMISSING CASE. Signed by Judge Staci M. Yandle on 7/6/2021. (ksp)
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| Filing 6 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 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 4
ORDER: On June 25, 2021, Plaintiff paid $400.00 toward the $402.00 filing fee for this case. Effective December 1, 2020, the filing fee for a civil case was increased to $402.00, by the addition of a new $52.00 administrative fee for filing a civil action, suit, or proceeding in a district court. See Judicial Conference Schedule of Fees - District Court Miscellaneous Fee Schedule, 28 U.S.C. Section 1914, No. 14. Plaintiff shall pay the remaining $2.00 of the filing fee for this case no later than July 30, 2021. 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 Menard Correctional Center upon entry of this Order. (Action due by 7/30/2021). Signed by Judge Staci M. Yandle on 6/30/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
The Court has received your complaint and your $400.00 filing fee. Your case number is 21-719-SMY. The following is some information you should know regarding the initial stages of your lawsuit. The Court will now 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 6/25/2021. (jaj)
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| Filing 2 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 6/25/2021. Consent due by 7/16/2021 (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Christopher J Howard.(jaj) |
| Partial Filing fee paid: $ 400.00, receipt number 34625108738. (jaj) |
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