Brokaw v. Fields et al
| Benjamin John Brokaw |
| Rex Fields, Dr. Sobut, Lily Alex, John Does, Chuck Stiava, Dr. Goyal and Grace B Hou |
| 3:2021cv01149 |
| September 17, 2021 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 7 CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 10/29/2021. (tjk) |
Filing 6
ORDER DISMISSING CASE: Plaintiff was ordered to affirmatively notify the Court whether he wanted to proceed with this case or voluntarily dismiss it (Doc. 4). Plaintiff was also warned that his failure to respond would result in this case being dismissed without prejudice (Doc. 4). The deadline for responding has expired and the Court has not heard from Plaintiff. Consequently, this case is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to follow an order of the Court and failure to prosecute. The Clerk of Court is DIRECTED to enter judgment accordingly. Furthermore, despite the dismissal, Plaintiff remains obligated to pay the full filing fee. Pursuant to 28 U.S.C. 1915(b)(1), and based on Plaintiff's previously submitted trust fund records for the six months immediately prior to the date the original case was filed, Plaintiff is assessed an initial partial filing fee of $51.10. 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. 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 mail a copy of this Order to the Trust Fund Officer at Chester Mental Health Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 10/29/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 NOTICE: Benjamin John Brokaw 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, Benjamin John Brokaw 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 10/15/2021 (kare) |
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Filing 4
ORDER: On 9/17/2021, this case was severed from Brokaw v. Illinois Department of Human Services, et al, SDIL Case No. 21-cv-371-SMY. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay an additional $350.00 filing fee in this case. Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until October 22, 2021 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, the Court will assess an initial partial filing fee (if appropriate) and screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. (Action due by 10/22/2021). Signed by Judge Stephen P. McGlynn on 9/17/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 NOTICE FROM CLERK Instructing Brokaw 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 Brokaw on 9/17/2021. Consent due by 10/8/2021 (tjk) |
| Filing 2 COMPLAINT against All Defendants, filed by Benjamin John Brokaw.(tjk) |
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Filing 1
MEMORANDUM AND ORDER severing case number 21-371-SMY. Signed by Judge Staci M. Yandle on 9/16/2021. (tjk)
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