Terry v. Wagoneer
Plaintiff: Levon D. Terry
Defendant: Stephanie Wagoneer
Case Number: 3:2021cv01506
Filed: November 30, 2021
Court: US District Court for the Southern District of Illinois
Presiding Judge: David W Dugan
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2022 Filing 8 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge David W. Dugan. 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.
January 6, 2022 Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
December 21, 2021 Filing 6 NOTICE: Levon D. Terry 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, Levon D. Terry 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 12/28/2021 (kare)
November 30, 2021 Opinion or Order Filing 5 ORDER: On November 30, 2021, this case was severed from Terry v. Vandalia Correctional Center, SDIL Case No. 21-cv-878-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 February 1, 2022 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 2/1/2022). Signed by Judge David W. Dugan on 11/30/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 30, 2021 Filing 4 NOTICE FROM CLERK Instructing Terry 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 Terry on 11/30/2021. Consent due by 12/21/2021 (tjk)
November 30, 2021 Filing 3 MOTION for Leave to Proceed in forma pauperis by Levon D. Terry. (tjk)
November 30, 2021 Filing 2 COMPLAINT against Stephanie Wagoneer, filed by Levon D. Terry.(tjk)
November 30, 2021 Opinion or Order Filing 1 MEMORANDUM AND ORDER severing case 21-878-SMY. Signed by Judge Staci M. Yandle on 11/30/2021. (tjk)

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Plaintiff: Levon D. Terry
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Defendant: Stephanie Wagoneer
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