Harvey v. Williams et al
| Jerry Harvey |
| E. Williams, Assoc. Warden Cheeks, Assoc. Warden Santiago, C. Gore, Lt. Phillips and Capt. Gore |
| 3:2022cv00148 |
| January 24, 2022 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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| Filing 16 Consent Form - IFP Proceedings by Jerry Harvey (kare) |
Filing 15
ORDER granting #14 Motion for Status. The Court received a motion requesting the Court to appoint counsel on February 10, 2022. The motion is still pending before the Court and has not received a ruling. The Clerk of Court is DIRECTED to send Plaintiff a copy of the docket sheet so he can see what documents the Court has received. Signed by Judge Stephen P. McGlynn on 3/7/2022. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 MOTION for status re #8 MOTION to Appoint Counsel by Jerry Harvey. (kare) |
| Filing 13 Prisoner Trust Fund Account Statement by Jerry Harvey. (kare) |
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Filing 12
ORDER Directing Monthly Payments be made from Prison Account of Harvey, granting #7 MOTION for Leave to Proceed in forma pauperis filed by Jerry Harvey. The Clerk is DIRECTED to provide two copies of the appropriate form to Plaintiff with his copy of this Order, along with a pre-addressed return envelope. Failure to provide the Clerk of Court with this authorization shall be grounds for dismissal of this case. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff's 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 Greenville Federal Correctional Institution, 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 Greenville Federal Correctional Institution. Signed by Judge Stephen P. McGlynn on 2/22/2022. (tjk)
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| Filing 11 Prisoner Trust Fund Account Statement. (kare) |
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Filing 10
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #7 ), 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 trust fund account statement (or institutional equivalent) for the period 7/1/2021 to 1/24/2022 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 Greenville Federal Correctional Institution. (Trust Fund Statement due on or before 3/31/2022). Signed by Judge Stephen P. McGlynn on 2/14/2022. (tjk)
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| Filing 9 AMENDED COMPLAINT against All Defendants filed by Jerry Harvey.(kare) |
| Filing 8 MOTION to Appoint Counsel by Jerry Harvey. (kare) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Jerry Harvey. (kare) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
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Filing 4
ORDER: Plaintiff commenced this action by filing a document titled "Affidavit COVID-19 Complaint and Demand to Show Cause." (See Doc. #1 filed as "Complaint"). The Federal Rules of Civil Procedure provide that "[a] civil action is commenced by filing a complaint with the court." Fed. R. Civ. P. 3. In other words, "the first step in the action is the filing of the complaint." Id., Advisory Committee Notes, 1937 Adoption. No complaint has been filed in this case, and the instant filing cannot be considered an adequate complaint. The document is a demand letter to FCI-Greenville Staff, Warden Williams, Associate Warden Cheeks, Associate Warden Santiago, Captain Gore, and Lieutenant Phillips directing them to rebut the allegations in the affidavit regarding COVID-19 procedures in 30 days or pay Plaintiff $10,000 per day. Plaintiff has also not paid his filing fee or filed a motion to proceed in forma pauperis. At this point, it is not clear whether he intended to file a civil lawsuit. IT IS THEREFORE ORDERED that, should he wish to further pursue this action, Plaintiff shall file a signed complaint on or before February 23, 2022. Alternatively, if Plaintiff did not intend to initiate a civil action, he shall file his notice of voluntary dismissal with the Court by this same deadline. If Plaintiff timely files a notice of voluntary dismissal, no filing fee shall be assessed. Failure to respond to this order by the prescribed deadline will result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b), and Plaintiff will remain obligated to pay the filing fee. See 28 U.S.C. 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). The Clerk of Court is further DIRECTED to send Plaintiff a copy of this Order, along with a Pro Se Civil Rights Complaint form and the Instructions for Filing a Pro Se Civil Complaint for Civil Rights Violations or Other Civil Claims Filed by a Person in Custody. Finally, for the sake of clarity, the Clerk of Court is DIRECTED to STRIKE Doc. #1 "Complaint" and REFILE the document as "Affidavit and Demand Show Cause." Signed by Judge Stephen P. McGlynn on 1/26/2022. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 AFFIDAVIT AND DEMAND TO SHOW CASUE re 4 Order by Jerry Harvey. (kare) |
| Filing 3 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 01/24/2022. Consent due by 2/14/2022 (kare) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 22-148-SPM. 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 Stephen P. McGlynn on 1/24/2022. (kare)
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| Filing 1 STRICKEN PER ORDER 4 - COMPLAINT against All Defendants filed by Jerry Harvey.(kare) Modified on 1/27/2022 (kare). |
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