Williamson v. Boyle
Plaintiff: Clarence R. Williamson, III and Mark Howard
Defendant: Lieutenant Boyle
Case Number: 3:2022cv00897
Filed: May 3, 2022
Court: U.S. District Court for the Southern District of Illinois
Office: East St. Louis Office
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2022 Filing 12 CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 6/1/2022. (anp)
June 1, 2022 Opinion or Order Filing 11 ORDER granting #10 Motion to Dismiss. The Court previously granted Plaintiff additional time to determine whether he wanted to proceed with this severed case because it did not appear that Plaintiff made an informed decision, citing issues with access to the library, ability to research case citations, and harassment. Plaintiff re-filed his original motion and included an additional notice (Doc. 10, p. 3) indicating that he is voluntarily dismissing his case. To the extent the notice discusses a recent tactical team shakedown of his cell, which he alleges was directed by Defendant Boyle, these claims do not appear to be related to the claim against Boyle in this case. This case involved a single claim of deliberate indifference against Boyle for screening Plaintiff's crisis issues in front of other inmates. The issue involving the tactical team is a new claim which Plaintiff would have to file a new case after first exhausting his administrative remedies. Accordingly, this case is DISMISSED without prejudice. Signed by Chief Judge Nancy J. Rosenstengel on 6/1/2022. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 31, 2022 Filing 10 MOTION to Voluntarily Dismiss Severed Cases by Clarence R. Williamson, III. (jaj)
May 27, 2022 Opinion or Order Filing 9 ORDER re #8 Motion to Dismiss. On May 3, 2022, the claims in this case were severed from Plaintiff's Complaint in Williamson v. Thompson, et al., Case No. 22-cv-225-DWD. Plaintiff was given a deadline of 6/7/2022 to determine if he wanted to proceed with the severed claims or dismiss the case voluntarily. On May 27, 2022, he filed the pending motion to dismiss. Although labeled a motion to "voluntarily" dismiss, Plaintiff states that he has been obstructed from accessing the law library, has been harassed by Defendants, and unable to review the cases cited by the Court in its Orders. He also indicates that he is being forced to "voluntarily" dismiss his severed case. It does not appear that Plaintiff has made an informed decision as to whether he wants to proceed with these claims. Accordingly, the Court will sua sponte grant Plaintiff additional time to allow him to consider whether he wishes to proceed with this case. Accordingly, Plaintiff now has until June 17, 2022 to inform the Court whether he wishes to proceed with his claims or voluntarily dismiss the case. Signed by Chief Judge Nancy J. Rosenstengel on 5/27/2022. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 27, 2022 Filing 8 MOTION to Voluntarily Dismiss the Severed Cases by Clarence R. Williamson, III. (jaj)
May 27, 2022 Set/Reset Deadlines: Action due by 6/17/2022. (anp)
May 24, 2022 Filing 7 NOTICE: Clarence R. Williamson, III 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, Clarence R. Williamson, III shall return the form within 7 days or face possible sanctions. Consent due by 5/31/2022 (kare)
May 5, 2022 Opinion or Order Filing 6 ORDER finding as moot #3 Motion for Service of Process at Government Expense. Should the Complaint survive threshold review, the Court will order service of the Defendant. Signed by Chief Judge Nancy J. Rosenstengel on 5/5/2022. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 3, 2022 Opinion or Order Filing 5 ORDER: On 5/3/2022, this case was severed from Williamson v. Thompson, et al, SDIL Case No. 22-cv-225-DWD. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay an additional $402.00 filing fee in this case ($350.00 if he is granted leave to proceed in forma pauperis). Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until June 7, 2022 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, he should also send the $402.00 filing fee, or a motion and affidavit for leave to proceed to in forma pauperis (along with the required certification and Trust Fund statement). After the fee status is resolved, the Court will screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. (Action due by 6/7/2022). Signed by Chief Judge Nancy J. Rosenstengel on 5/3/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 3, 2022 Filing 4 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 5/3/2022. Consent due by 5/24/2022 (jaj)
May 3, 2022 Filing 3 MOTION for Service of Process at Government Expense by Clarence R. Williamson, III. (jaj)
May 3, 2022 Filing 2 COMPLAINT against Lieutenant Boyle filed by Clarence R. Williamson, III. #1 Letter to the Court) (jaj).
May 3, 2022 Opinion or Order Filing 1 MEMORANDUM AND ORDER Severing case number: 22-225-DWD. Signed by Judge David W. Dugan on 5/2/2022. (jaj)

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Plaintiff: Clarence R. Williamson, III
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Plaintiff: Mark Howard
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Defendant: Lieutenant Boyle
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