Harris v. Franke et al
| Jamal A. Harris |
| John E. Franke, Kimberly Dunn and David Ebrahim |
| 3:2022cv00284 |
| February 18, 2022 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on April 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 29 ANSWER to #1 Complaint, by John E. Franke.(Pierce, Charles) |
| Filing 28 DEMAND for Trial by Jury by John E. Franke. (Pierce, Charles) |
| Filing 27 NOTICE of Appearance by Charles A. Pierce on behalf of John E. Franke (Pierce, Charles) |
| Filing 26 NOTICE of Appearance by Peter R. Jennetten on behalf of David Ebrahim (Jennetten, Peter) |
| Filing 25 WAIVER OF SERVICE Returned Executed by David Ebrahim. David Ebrahim waiver sent on 4/7/2022, answer due 6/6/2022. (Wirth, Betsy) |
| Filing 24 DEMAND for Trial by Jury by David Ebrahim. (Wirth, Betsy) |
| Filing 23 NOTICE of Appearance by Betsy Ann Wirth on behalf of David Ebrahim (Wirth, Betsy) |
| Filing 22 WAIVER OF SERVICE Returned Executed John E. Franke waiver sent on 4/7/2022, answer due 6/6/2022. (tjk) |
| Filing 21 REQUEST FOR WAIVER of Service sent to DAVID EBRAHIM and JOHN FRANKE on 4/7/2022. Waiver of Service due by 5/9/2022. (tjk) |
Filing 20
HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 4/7/2022. (amv)
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Filing 19
ORDER FOR SERVICE OF PROCESS on DAVID EBRAHIM (individual capacity) and JOHN FRANKE (official capacity). The #1 Complaint, including COUNT 1 against EBRAHIM and FRANK, survive screening under 28 U.S.C. 1915A. All other claims, including COUTNS 2, 3, 4, and 5, are DISMISSED. The Clerk's Office is DIRECTED to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act; TERMINATE Defendant KIMBERLY DUNN as a party in CM/ECF; and STRIKE the unsigned #11 Motion to be Transferred. Plaintiff's #18 Motion to be Transferred is DENIED without prejudice. See attached Order for details. Signed by Judge J. Phil Gilbert on 4/6/2022. (jsy)
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| Filing 18 MOTION to be Transferred by Jamal A. Harris. (kare) |
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Filing 17
ORDER: Plaintiff filed an unsigned #11 Motion to be Transferred. Rule 11(a) of the Federal Rules of Civil Procedure requires that "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." Before the Court can address this motion, Plaintiff must file a signed version of it. Therefore, Plaintiff is ORDERED to submit a properly signed Motion to be Transferred within twenty-one (21) days (on or before April 4, 2022). Failure to comply with this Order shall result in the striking of the motion. See FED. R. CIV. P. 41(b). To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to return a copy of the Motion to be Transferred (Doc. 11) to Plaintiff along with this order. Signed by Judge J. Phil Gilbert on 3/14/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 Prisoner Trust Fund Account Statement. (kare) |
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Filing 15
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #7 ). Plaintiff has been without funds for six months, he is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee. Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. 1915(b)(4). Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Alton Law Enforcement Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 3/11/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 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). (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 13 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 12 Prisoner Trust Fund Account Statement by Jamal A. Harris. (kare) |
| Filing 11 STRICKEN MOTION to be Transferred by Jamal A. Harris. (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 Alton Law Enforcement Center. (Trust Fund Statement due on or before 4/14/2022). Signed by Judge J. Phil Gilbert on 2/28/2022. (tjk)
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Filing 9
ORDER: The Court has received your motion to proceed without prepayment of the filing fee. 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. 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 2/28/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 Letter from Jamal A. Harris (kare) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Jamal A. Harris. (kare) |
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Filing 6
This Court has received your complaint from the Eastern District of Missouri, previously assigned case number: 22-88-HEA. Your new case number is 22-284-JPG. 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 J. Phil Gilbert on 2/18/2022. (jaj)
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| Filing 5 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 2/18/2022. Consent due by 3/11/2022 (jaj) |
| Filing 4 Case transferred in from District of Missouri Eastern; Case Number 4:22-cv-00088. Original file certified copy of transfer order and docket sheet received. |
| Filing 3 Letter from Plaintiff Jamal Harris. (HMA) [Transferred from Missouri Eastern on 2/18/2022.] |
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Filing 2
OPINION, MEMORANDUM AND ORDER OF TRANSFER TO (See Full Order) IT IS HEREBY ORDERED that the Clerk of Court shall TRANSFER this case to the United States District Court for the Southern District of Illinois. See 28 U.S.C. 1404(a), 1406(a). Case to be transferred after 2/8/2022. Signed by District Judge Henry Edward Autrey on 1/25/22. (EAB) [Transferred from Missouri Eastern on 2/18/2022.]
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ORDER RECEIPT: (see receipt) Docket No: 2. copy sent to non-electronic party on this date. Tue Jan 25 17:02:06 CST 2022 (Brown, Erica) [Transferred from Missouri Eastern on 2/18/2022.]
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ORDER RECEIPT: (see receipt) Docket No: 2. copy sent to non-electronic party on this date. Tue Jan 25 17:02:13 CST 2022 (Brown, Erica) [Transferred from Missouri Eastern on 2/18/2022.]
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| Filing 1 COMPLAINT against defendant Kimberly Dunn, David Ebrahim, John E. Franke, Jury Demand, filed by Jamal A. Harris. (Attachments: #1 Exhibit - Detainee Grievance, #2 Exhibit - Incomplete Notice Regarding Magistrate Judge Jurisdiction, #3 Envelope)(JWD) [Transferred from Missouri Eastern on 2/18/2022.] |
| Case Opening Notification. Judge Assigned: Honorable Henry E. Autrey. (JWD) [Transferred from Missouri Eastern on 2/18/2022.] |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon Jan 24 17:00:54 CST 2022 (admin,) [Transferred from Missouri Eastern on 2/18/2022.] |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JWD) [Transferred from Missouri Eastern on 2/18/2022.] |
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