Walker v. Doe
| James E. Walker |
| Jane Doe |
| 3:2021cv01173 |
| September 23, 2021 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.
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Filing 11
NOTICE AND ORDER: Within thirty (30) days of the entry of this Order, Plaintiff is ORDERED to submit an updated motion to proceed without prepayment of the filing fee along with a trust fund account statement for the six-month period immediately preceding the filing of this action (March 1, 2021 through September 23, 2021). If Plaintiff fails to submit the motion to proceed without prepayment of the filing fee by November 29, 2021, this 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, Plaintiff is advised that if his address changes, he 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. The Clerk is DIRECTED to send Plaintiff a blank Motion to Proceed in forma pauperis form. (Action due by 11/29/2021). Signed by Judge Stephen P. McGlynn on 10/26/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
ORDER: Now that Plaintiff has opted to proceed with this action (Doc. #9 ), the Court will review the complaint to identify claims and defendants and to dismiss any legally insufficient claims. See 28 U.S.C. 1915A. The Court will conduct this review within the next 60 days. The Court will then inform Plaintiff of the findings in a Merit Review Order. No other action will be taken in the case during this time, absent extraordinary circumstances. Therefore, Plaintiff need not submit any evidence, argument, motions, or documents. If Plaintiff does not receive a Merit Review Order within the next 60 days, he may file a motion requesting the status of the case. The Court will not consider a status motion at any time prior to the 60-day deadline. If Plaintiff has filed a motion for recruitment of counsel, it will not be considered until the complaint is reviewed. In addition, any motion for recruitment of counsel must include evidence of Plaintiff's own efforts to find counsel such as a list of attorneys contacted and copies of letters sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If Plaintiff's claim(s) survive the merit review, the Court will send a Notice of Lawsuit and Waiver of Service Form to the appropriate defendant(s). This will be the first time the defendant(s) will be informed of the lawsuit. After a defendant signs the waiver and returns it, that defendant will then have 60 days to file an answer to the complaint. If a defendant does not return the completed waiver, the Court will follow up as necessary to complete service on that defendant. When all of the defendants have filed answers, the Court will enter a Scheduling Order containing important information on deadlines, discovery, and procedures. All requests for file-stamped copies of documents must be accompanied by a stamped, self-addressed envelope and an extra copy of the document to be filed-stamped and returned. The Clerk cannot photocopy documents for Plaintiff unless the copy fee of $0.50 per page is submitted in advance. Finally, Plaintiff must promptly notify the court in writing of any change of address. Failure to notify the court of a change in address could result in the dismissal of this case. Signed by Judge Stephen P. McGlynn on 10/26/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 MOTION to Advise the Court by James E. Walker. (jlrr) |
| Filing 8 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 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 6
ORDER denying #5 Motion for Extension of Time to File. The claim against Nurse Jane Doe has not been reviewed pursuant to Section 1915A, and there is no deadline for Plaintiff to identify Nurse Jane Doe. The only deadline in this case, is October 28, 2021. By this date, Plaintiff must advise the Court in writing whether he wishes to proceed with this lawsuit. Signed by Judge Stephen P. McGlynn on 10/6/2021. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION for Extension of Time to File John Doe Identifiers by James E. Walker. (jaj) |
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Filing 4
ORDER: On 9/23/2021, this case was severed from Walker v. Butler, et al, SDIL Case No. 19-cv-445-SPM. 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 28, 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 10/28/2021). Signed by Judge Stephen P. McGlynn on 9/23/2021. (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 Walker 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 Walker on 9/23/2021. Consent due by 10/14/2021 (tjk) |
| Filing 2 COMPLAINT against Jane Doe, filed by James E. Walker. (Attachments: #1 Exhibit part 1, #2 Exhibit part 2)(tjk) |
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Filing 1
MEMORANDUM AND ORDER severing case number 19-445-SPM. Signed by Judge Stephen P. McGlynn on 9/22/2021. (tjk)
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| Plaintiff: James E. Walker | |
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| Defendant: Jane Doe | |
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