Brand v. Oglesby et al
| Crosetti Brand |
| Oglesby, Daniel Monti and Rob Jeffreys |
| 3:2021cv01072 |
| August 30, 2021 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 MOTION to Alter/Amend Judgment by Crosetti Brand. (kare) |
| Filing 18 CLERK'S JUDGMENT. Approved by Judge Staci M. Yandle on 9/23/2021. (ksp) |
Filing 17
ORDER DISMISSING CASE. Signed by Judge Staci M. Yandle on 9/23/2021. (ksp)
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| Filing 16 MOTION for Temporary Restraining Order or MOTION for Preliminary Injunction by Crosetti Brand. (jaj) |
| Filing 15 FIRST AMENDED COMPLAINT against All Defendants filed by Crosetti Brand.(jaj) |
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Filing 14
ORDER. The Complaint (Doc. #1 ) is DISMISSED without prejudice for failure to state a claim for relief. The Motion for Preliminary Injunction (Doc. #2 ) is DENIED. Plaintiff is GRANTED leave to file a First Amended Complaint on or before OCTOBER 20, 2021. To facilitate Plaintiff's compliance with this Order, the Clerk of Court is DIRECTED to mail Plaintiff a civil rights complaint form. If Plaintiff fails to file his First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the case will be dismissed with prejudice for failure to state a claim for relief, failure to comply with a court order, and for failure to prosecute his claims. Signed by Judge Staci M. Yandle on 9/20/2021. (ksp)
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Filing 13
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 Staci M. Yandle on 9/14/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing fee: $ 2.00, receipt number 34625109730 (clt) |
| Filing 12 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). (kare)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. (kare) |
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Filing 10
ORDER. Plaintiff's Motion for Service at Government Expense (Doc. #3 ) is DENIED as moot. The Court will direct service upon completion of the preliminary review of the Complaint required by 28 U.S.C. 1915A for any Defendant who survives review. Signed by Judge Staci M. Yandle on 8/31/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
ORDER GRANTING #5 Motion for Copy. As a one-time courtesy, the Clerk of Court is DIRECTED to send Plaintiff a copy of the Complaint (Doc. 1). As a general rule, the District Clerk will mail paper copies of any document only after receiving prepayment of the required fee (i.e., $.50 per page). All further requests for documents should be made in writing to the Clerk of Court by referring to the case number and the document number and submitting the required prepayment. Signed by Judge Staci M. Yandle on 8/31/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
ORDER DENYING #4 Motion for Recruitment of Counsel. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court conducts a preliminary review of the Complaint under 28 U.S.C. 1915A, which requires the Court to screen prisoner Complaints to filter out nonmeritorious claims. 28 U.S.C. 1915A(a). 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 not submitted any proof of indigency or reasonable attempts to obtain counsel on his own. As such, the motion is DENIED. If Plaintiff's Complaint survives Section 1915A review, and he encounters difficulties in self-representation as this case proceeds, he may refile his motion seeking recruitment of counsel. If he chooses to renew his request, he should submit rejection letters from at least 3 attorneys to demonstrate that he has made reasonable efforts to obtain counsel on his own. Signed by Judge Staci M. Yandle on 8/31/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 NOTICE FROM CLERK Instructing Crosetti Brand 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 Crosetti Brand on 08/30/2021. Consent due by 9/20/2021 (kare) |
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Filing 6
NOTICE AND ORDER: The Court has received your Complaint and $400.00 payment. Your case number is 21-1072-SMY. 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. Within 30 days of the entry of this Order, you are ORDERED to submit the remaining $2.00 of the $402.00 filing fee. If you fail to pay the full 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 8/30/2021. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION Requesting Copy of Complaint by Crosetti Brand. (kare) |
| Filing 4 MOTION to Appoint Counsel by Crosetti Brand. (kare) |
| Filing 3 MOTION for Service of Process at Government Expense by Crosetti Brand. (kare) |
| Filing 2 MOTION for Preliminary Injunction by Crosetti Brand. (kare) |
| Filing 1 COMPLAINT against All Defendants filed by Crosetti Brand.(kare) |
| Filing fee: $ 400.00, receipt number 34625109591 (amv) |
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