Smith v. Monti et al
| Michael Smith |
| Warden Monti, L. Walker, John Doe 1, M. Hille, K. Rehfuss, H. Wiggs, R. Hughes, Lt. Hicks, Lt. Bledsoe, Lt. Armstrong, J. Winters, B. Allard, K. Johnson, B. Banks, Sgt. Dean, C/O Craig, Sgt. Mack, C/O Turner, C/O Hicks, C/O Irvin, Conway, C/O Smith, C/O Hilders, John Doe 2, C/O Vaughn, C/O Webb, C/O Louis, C/O Sharrod, D. Knauer, R. Jeffreys, A. Galbraith, Moore and Daniel Monti |
| 3:2022cv00435 |
| March 4, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 16 NOTICE OF MODIFICATION: Plaintiff was granted leave to file an Amended Complaint at 13 Order. #14 , the Motion for Leave to File Amended Complaint is termed and the Amended Complaint will be filed by Clerk's Office Staff. No further action is required by the filer in relation to this notification. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 17 AMENDED COMPLAINT against B. Allard, Conway, Sgt. Dean, A. Galbraith, D. Knauer, Daniel Monti, L. Walker, H. Wiggsfiled by Michael Smith. (Attachments: #1 Motion for Leave to File A/C)(jaj) |
| Filing 15 MOTION for Preliminary Injunction by Michael Smith. (kare) |
| Filing 14 MOTION for Leave to File Amended Complaint by Michael Smith. (kare) |
| Filing fee: $ 402.00, receipt number 34625112081 (jlh) |
Filing 13
ORDER: Plaintiff's Motion for Copy #12 is GRANTED. Plaintiff explains that he is on administrative quarantine and he has been unable to access his original complaint #1 and motion #3 to comply with this Court's order that he file an amended complaint. The request appears to be made in a good faith effort to comply with a court order. Accordingly, the Clerk is DIRECTED to send plaintiff one copy of his complaint #1 and his motion #3 . Plaintiff shall file his Amended Complaint by April 27, 2022. Plaintiff is also reminded of his obligation to pay his filing fee of $402 by April 11, 2022. Signed by Judge David W. Dugan on 3/29/2022. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 MOTION to Copy by Michael Smith. (jaj) |
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Filing 11
ORDER or Initial Review: Under 28 U.S.C. Section 1915A, the Court is required to screen prisoner complaints to filter out any portion that is frivolous, malicious, fails to state a claim, or seeks relief from a defendant who is immune. Having conducted an initial review of this case, the Court concludes that Plaintiff has failed to adequately state a claim. For reasons explained herein, Plaintiff's Motion for a Preliminary Injunction #3 , and his Motion for Recruitment of Counsel #4 will be DENIED without prejudice. Plaintiff may file an amended complaint by April 20, 2022, if he chooses to do so. Failure to file an amended pleading may result in dismissal of this lawsuit.. Signed by Judge David W. Dugan on 3/21/2022. (kgk)
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| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 9
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #2 ). 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 Smiths affidavit that he is indigent. Plaintiff's trust fund account balance as of March 4, 2022 was $1,038.32 (Doc. #2 ). 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 April 11, 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 David W. Dugan 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 8 Prisoner Trust Fund Account Statement. (jaj) |
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Filing 7
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), 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/her trust fund account statement (or institutional equivalent) for the period 9/1/2021 to 3/4/2022 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 Shawnee Correctional Center. (Trust Fund Statement due on or before 4/25/2022). Signed by Judge David W. Dugan on 3/9/2022. (tjk)
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Filing 6
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 22-435-DWD. The following is some information you should know regarding the initial stages of your lawsuit. 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. 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 David W. Dugan on 3/4/2022. (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 3/4/2022. Consent due by 3/25/2022 (jaj) |
| Filing 4 MOTION for Recruitment of Counsel by Michael Smith. (jaj) |
| Filing 3 MOTION for Preliminary Injunction by Michael Smith. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael Smith. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Michael Smith.(jaj) |
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