Arnold v. USP Marion et al
| Robert Lee Arnold |
| USP Marion and FBOP |
| 3:2021cv01192 |
| September 29, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Amended Pleadings due by 12/22/2021. (kare) |
Filing 12
ORDER DISMISSING #1 Complaint without prejudice. COUNT 1 is DISMISSED without prejudice for failure to state a claim, and COUNT 2 is DISMISSED without prejudice because the Court declines to exercise supplemental jurisdiction over this claim pursuant to 28 U.S.C. 1367(c)(2), (3). Plaintiff is GRANTED leave to file a First Amended Complaint on or before December 22, 2021. Failure to do so shall result in dismissal of the entire action with prejudice and a "strike." FED. R. CIV. P. 41(b); 28 U.S.C. 1915(g). The CLERK is DIRECTED to mail Plaintiff a blank civil rights complaint form. Signed by Judge J. Phil Gilbert on 11/22/2021. (jsy)
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| Filing 11 Initial Prisoner Filing Fee: $ 17.84 received from U.S. Treasury as to Robert Arnold, receipt number 34625110391 (jlh) |
| Filing 10 Consent Form - IFP Proceedings by Robert Lee Arnold (kare) |
| Filing 9 Prisoner Trust Fund Account Statement by Robert Lee Arnold. (kare) |
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Filing 8
ORDER Directing Monthly Payments be made from Prison Account of Arnold, granting #2 MOTION for Leave to Proceed in forma pauperis filed by Robert Lee Arnold.The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiffs signed consent form, the Clerk shall mail a copy of this Memorandum and Order and an executed copy of the consent form to the Warden at Marion United States Penitentiary, as well as e-mail a copy of this Memorandum and Order and an executed copy of the consent form to the Trust Fund Management Staff at Marion United States Penitentiary. Signed by Judge J. Phil Gilbert on 10/18/2021. (tjk)
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| Filing 7 Prisoner Trust Fund Account Statement. (kare) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
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Filing 5
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 3/1/2021 to 9/29/2021 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Marion United States Penitentiary. (Trust Fund Statement due on or before 11/18/2021). Signed by Judge J. Phil Gilbert on 10/4/2021. (tjk)
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| Filing 4 NOTICE FROM CLERK Instructing Robert Lee Arnold 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 Robert Lee Arnold on 09/29/2021. Consent due by 10/20/2021 (kare) |
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Filing 3
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 21-1192-JPG. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, 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. 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 9/29/2021. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Robert Lee Arnold. (kare) |
| Filing 1 COMPLAINT against All Defendants filed by Robert Lee Arnold.(kare) |
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