Hewitt v. Legge et al
| Charles Hewitt |
| K. Legge, Scott Gambo, Richard Kim, Acting U. S. Secret Service Director, Sheriff McCoy, U.S. Attorney General and Joe Biden |
| 3:2022cv00636 |
| March 28, 2022 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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| Filing 20 Initial Prisoner Filing Fee: $ 37.56 received, receipt number 34625112624 (adh) |
Filing 19
ORDER RE (18) Motion for Tolling of Time. Plaintiff seeks an extension of the statute of limitations, which the Court has no authority to grant. Plaintiff's motion is therefore DENIED. Signed by Judge Staci M. Yandle on 5/4/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 MOTION to Stay by Charles Hewitt. (jaj) |
| Filing 17 Consent Form - IFP Proceedings by Charles Hewitt (jaj) |
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Filing 16
ORDER RE (14) Motion for Time Extension. Plaintiff seeks an extension of time as to the statute of limitations. The Court cannot grant an extension of the statute of limitations and the motion is therefore DENIED. Plaintiff's Complaint is currently awaiting preliminary review by the Court pursuant to 28 U.S.C. 1915A. No additional evidence, arguments, motions, or documents are needed at this time. A copy of the Court's order will be forwarded to Plaintiff as soon as this review is completed. Signed by Judge Staci M. Yandle on 4/22/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
ORDER: Plaintiff's Motion regarding filing fee and request for copy (Doc. 9) is DENIED. Plaintiff's motion to proceed in forma pauperis has been granted. Therefore, any request related to his IFP status is moot. As a general rule, the District Clerk will mail paper copies of any document only after receiving prepayment of the required fee of $0.50 per page. This rule applies even to plaintiffs who are indigent. Plaintiff is advised that it is his responsibility to maintain copies of all documents that he files with the court. The Court does not provide filed stamped copies. Signed by Judge Staci M. Yandle on 4/15/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 MOTION for Extension of Time by Charles Hewitt. (kare) |
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Filing 13
ORDER Directing Monthly Payments be made from Prison Account of Hewitt, granting #2 MOTION for Leave to Proceed in forma pauperis filed by Charles Hewitt. 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. 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 Staci M. Yandle on 4/8/2022. (tjk)
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Filing 12
ORDER. Plaintiff's Motion for Recruitment of Counsel (Doc. #3 ) is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court conducts a preliminary review of the Complaint under 28 U.S.C. 1915A, which requires the Court to screen prisoner Complaints to filter out nonmeritorious claims. 28 U.S.C. 1915A(a). Given the early stage of the litigation, it is difficult to accurately evaluate the need for assistance of counsel, so the recruitment of counsel would be premature. See Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013) ("[U]ntil the defendants respond to the complaint, the plaintiff's need for assistance of counsel... cannot be gauged."). If Plaintiff's Complaint survives Section 1915A review, and he encounters difficulties in self-representation as this case proceeds, he may refile his motion seeking recruitment of counsel. If he chooses to renew his request, he should submit rejection letters from at least 3 attorneys to demonstrate that he has made reasonable efforts to obtain counsel on his own. Signed by Judge Staci M. Yandle on 4/5/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
ORDER. Plaintiff's Motion for Subpoena (Doc. #4 ) is DENIED as moot. Plaintiff's trust fund account statement has been filed. Signed by Judge Staci M. Yandle on 4/5/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 9 MOTION regarding filing fees and request for copies by Charles Hewitt. (kare) |
| Filing 8 Prisoner Trust Fund Account Statement. (kare) |
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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 3/28/2022 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 5/13/2022). Signed by Judge Staci M. Yandle on 3/29/2022. (tjk)
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| Filing 6 NOTICE FROM CLERK Instructing Charles Hewitt 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 Charles Hewitt on 03/28/2022. Consent due by 4/18/2022 (kare) |
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 22-636-SMY. 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 Staci M. Yandle on 3/28/2022. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 MOTION for Subpoena by Charles Hewitt. (kare) |
| Filing 3 MOTION for Recruitment of Counsel by Charles Hewitt. (kare) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Charles Hewitt. (kare) |
| Filing 1 COMPLAINT against All Defendants filed by Charles Hewitt.(kare) |
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