Wakefield v. Franklin County Jail et al
| Eric Wakefield |
| Franklin County Jail, Christopher Police Department, Marie, Jacob, Gerald, Mallory, Pat, Matt, Zane, Wheatly, Casey, Frankie V, Ann, Sue, Scoble, Galagher, Andrew Tragolo, Cody Nichols, Jacob Bartoni and Franklin County Jail Administrator |
| 3:2021cv00867 |
| July 29, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on April 13, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER GRANTING #19 Motion for Extension of Time to File Answer pursuant to Fed. R. Civ. P. 6(b) for good cause shown. Defendant Bartoni shall answer or otherwise respond to the Complaint on or before OCTOBER 15, 2021. Signed by Judge J. Phil Gilbert on 9/20/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 20 NOTICE of Appearance by Joseph A. Bleyer on behalf of Franklin County Jail Administrator (Bleyer, Joseph) |
| Filing 19 MOTION for Extension of Time to File Answer by Jacob Bartoni. (Bleyer, Joseph) |
| Filing 18 DEMAND for Trial by Jury by Jacob Bartoni. (Bleyer, Joseph) |
| Filing 17 NOTICE of Appearance by Joseph A. Bleyer on behalf of Jacob Bartoni (Bleyer, Joseph) |
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Filing 16
ORDER: The Court is in receipt of a Letter from Plaintiff. There, he expresses the need for representation in this matter. Because Plaintiff is not indigent and has not demonstrated any efforts to find an attorney, the Court is unable to recruit counsel on his behalf. See 28 U.S.C. 1915(e)(1). However, he is free to contact attorneys and law firms to request pro bono representation in this matter. He can also have his family do this on his behalf. Signed by Judge J. Phil Gilbert on 9/17/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 Letter from Plaintiff. (jaj) |
| Filing 14 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 13
ORDER DISMISSING as MOOT #9 Motion for Leave to Proceed in forma pauperis (IFP motion). Plaintiff already prepaid his full filing fee of $402.00 for this action, so he need not ask to proceed as a poor person without prepayment of this amount. To the extent he filed this motion to support a request for recruitment of counsel, his request is denied. Plaintiff filed no motion for recruitment of counsel--only a letter stating that he is retaining his own attorney. (See Doc. 10). Given the significant assets he disclosed in the IFP Motion at Doc. 9, it would appear that Plaintiff does not qualify for court-recruited counsel in any event. Signed by Judge J. Phil Gilbert on 8/24/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge J. Phil Gilbert. 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 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 10 Letter from Plaintiff regarding counsel. (jaj) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Eric Wakefield. (jaj) |
| Filing 8 NOTICE: Eric Wakefield 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, Eric Wakefield 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 8/30/2021 (jlrr) |
| Filing 7 REQUEST FOR WAIVER of Service sent to JACOB BARTONI and FRANKLIN COUNTY JAIL ADMINISTRATOR on 8/18/2021. Waiver of Service due by 9/17/2021. (tjk) |
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Filing 6
HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 8/18/2021. (kare)
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Filing 5
ORDER FOR SERVICE OF PROCESS on JACOB BARTONI and FRANKLIN COUNTY JAIL ADMINISTRATOR JOHN DOE (official capacity only). The #1 Complaint survives screening under 28 U.S.C. 1915A, as follows: COUNT 2 will proceed against BARTONI, but COUNT 1 is DISMISSED without prejudice. The Clerk's Office is DIRECTED to SUBSTITUTE "Jacob Bartoni" in place of "Jacob" as a defendant; ADD the FRANKLIN COUNTY JAIL ADMINISTRATOR "JOHN DOE" (official capacity only) as a defendant in CM/ECF; TERMINATE ALL DEFENDANTS, except BARTONI; and ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge J. Phil Gilbert on 8/17/2021. (jsy)
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Filing 4
ORDER: The Court has received your payment of the filing fee. Now 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. 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 8/16/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing fee: $ 402.00, receipt number 34625109345 (amv) |
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Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 21-867-JPG. 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 J. Phil Gilbert on 7/30/2021. (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 7/30/2021. Consent due by 8/20/2021 (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Eric Wakefield.(jaj) |
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