Leveke v. Sprool et al
Plaintiff: Cody Ray Leveke
Defendant: Daniel Sprool and Director of Bureau of Prisons
Case Number: 3:2021cv01785
Filed: December 30, 2021
Court: US District Court for the Southern District of Illinois
Presiding Judge: J Phil Gilbert
Nature of Suit: Prison Condition
Cause of Action: 28 U.S.C. ยง 1361 Petition for Writ of Mandamus
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2022 Opinion or Order Filing 10 ORDER DISMISSING CASE: On February 15, 2022, Plaintiff filed a #9 Motion to Voluntarily Dismiss, in which he informed the Court that he does not wish to proceed with this action because the issues raised in his petition are resolved. The Court has not yet screened the Petition for Writ of Mandamus, and Defendants have not yet answered. Pursuant to Rule 41(a)(1)(A)(i), Fed. R. Civ. P., Plaintiff's request for voluntary dismissal of this suit at this stage "effected the immediate dismissal of the suit." Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011); see also Smith v. Potter, 513 F.3d 781, 782 (7th Cir. 2008). No additional action remains for the undersigned Judge to take. The #9 Motion is GRANTED, and this case is considered DISMISSED without prejudice. The filing fee obligation is deemed SATISFIED. The Clerk is DIRECTED to CLOSE this case in CM/ECF. Signed by Judge J. Phil Gilbert on 2/16/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 15, 2022 Filing 9 MOTION to Dismiss by Cody Ray Leveke. (jaj)
February 15, 2022 Filing 8 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge J. Phil Gilbert. 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.
February 15, 2022 Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
February 15, 2022 Filing 6 RESPONSE to #5 Order to Show Cause re Consent filed by Cody Ray Leveke. (jaj)
February 3, 2022 Opinion or Order Filing 5 ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Leveke was previously directed to file the attached form indicating consent to proceed before the Magistrate Judge or an affirmative declination to consent. The time for doing so has long passed, and in spite of a warning and additional time to do so, said party continues to ignore the Court's directive by not returning the form. Thus, Leveke is ordered to SHOW CAUSE why sanctions should not be imposed for failure to file the attached form as is required under Administrative Order No. 257. Show Cause Response re Consent due by 2/17/2022. Signed by Judge J. Phil Gilbert on 2/3/2022. (tjk)
January 20, 2022 Filing 4 NOTICE: Plaintiff 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, Plaintiff shall return the form within 7 days or face possible sanctions. Consent due by 1/27/2022 (jaj)
December 30, 2021 Filing 3 Letter from USDC/SDIL to Plaintiff informing him of case number and filing fee requirements. (Attachments: #1 Motion to Proceed IFP) (jaj)
December 30, 2021 Filing 2 NOTICE FROM CLERK Instructing Plaintiff 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 Plaintiff on 12/30/2021. Consent due by 1/20/2022 (jaj)
December 30, 2021 Filing 1 PETITION for Writ of Mandamus filed by Cody Ray Leveke.(jaj)

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Plaintiff: Cody Ray Leveke
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Defendant: Daniel Sprool
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Defendant: Director of Bureau of Prisons
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