McGee v. Summers et al
| Terrell McGee, Sr. |
| Ali M. Summers and Daniel Kapsak |
| 3:2021cv01686 |
| December 14, 2021 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 22 USCA-7 Case Number 22-1206 for #17 Notice of Appeal filed by Terrell McGee, Sr. (Attachments: #1 USCA-7 Notice of Case Opening, #2 USCA-7 PLRA Fee Notice and Order)(kls3) |
Filing 21
ORDER STRIKING #15 Complaint and #16 #18 Motions. Federal Rule of Civil Procedure 11(a) requires that [e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented. Docs. 15, 16, and 18 are not signed and are, therefore, STRICKEN. The original Complaint was also stricken because it was not signed and Plaintiff was ORDERED to submit a properly signed Complaint, including any exhibits, by February 25, 2022. (Doc. 13). Failure to file a properly signed Complaint by that deadline will result in the dismissal of this action. See Fed. R. Civ. P. 41(b). Signed by Judge Staci M. Yandle on 2/9/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 20 Rule 10 Letter. (kls3) |
| Filing 19 Transmission of Short Record to USCA-7 re #17 Notice of Appeal. (kls3) |
| Filing 18 RESPONSE to 8 Order on Motion for Leave to Proceed in forma pauperis,,, filed by Terrell McGee, Sr. (kare) |
| Filing 17 NOTICE OF APPEAL as to 8 Order on Motion for Leave to Proceed in forma pauperis,,, by Terrell McGee, Sr. (kare) |
| Filing 16 MOTION to Appoint Counsel by Terrell McGee, Sr. (kare) |
| Filing 15 COMPLAINT against All Defendants, filed by Terrell McGee, Sr.(kare) |
| Filing 14 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS PER ORDER 13 striking #7 Complaint filed by Terrell McGee, Sr., #12 Motion for Miscellaneous Relief filed by Terrell McGee, Sr., #9 Motion for Miscellaneous Relief filed by Terrell McGee, Sr., #11 Motion for Miscellaneous Relief filed by Terrell McGee, Sr., #10 Motion for Hearing filed by Terrell McGee, Sr.. See attached document for specifics (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Set/Reset Deadlines: Action due by 2/25/2022. (kare) |
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Filing 13
ORDER STRIKING #7 Complaint and #9 #10 #11 #12 Motions. Federal Rule of Civil Procedure 11(a) requires that "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." The Complaint and the motions at documents 9, 10, 11, and 12 are not signed and are, therefore, STRICKEN. To proceed with this action, Plaintiff is ORDERED to submit a properly signed Complaint, including any exhibits, within thirty days of the date of this Order. Failure to comply with this Order shall result in the dismissal of this action. See Fed. R. Civ. P. 41(b). Signed by Judge Staci M. Yandle on 1/26/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 ENTRY STRICKEN MOTION to add to Complaint re #1 Complaint by Terrell McGee, Sr. (kare) Modified on 1/27/2022 (kare). |
| Filing 11 ENTRY STRICKEN MOTION to Subpoena by Terrell McGee, Sr. (kare) Modified on 1/27/2022 (kare). |
| Filing 10 ENTRY STRICKEN MOTION for Hearing and Conference by Terrell McGee, Sr. (kare) Modified on 1/27/2022 (kare). |
| Filing 9 ENTRY STRICKEN MOTION to Subpoena Videos by Terrell McGee, Sr. (kare) Modified on 1/27/2022 (kare). |
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Filing 8
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #5 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from McGee's affidavit that he is indigent. Plaintiff's trust fund account balance as of December 9, 2021 was $1,159.12 (Doc. #6 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Plaintiff shall pay the $402.00 filing fee no later than February 7, 2022. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). 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). Signed by Judge Staci M. Yandle on 1/6/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 ENTRY STRICKEN COMPLAINT against Daniel Kapsak, Ali M. Summers, filed by Terrell McGee, Sr. (Attachments: #1 Jury Demand)(clt) Modified on 1/27/2022 (kare). |
| Filing 6 SUPPLEMENT by Terrell McGee, Sr. Supplement to #5 Motion for Leave to Proceed in forma pauperis. (kare) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Terrell McGee, Sr. (kare) |
| Filing 4 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 3 NOTICE FROM CLERK Instructing Terrell McGee Sr. 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 Terrell McGee Sr. on 12/14/2021. Consent due by 1/4/2022 (kare) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 21-1686-SMY. Within 30 days of the entry of this Order, you are ORDERED to submit the $402.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the 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 12/14/2021. (kare)
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| Filing 1 COMPLAINT against All Defendants filed by Terrell McGee, Sr.(kare) |
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