Zeller v. Unknown Agents et al
Vallie Francis Zeller |
Unknown Agents, Alexandria Burns and FBI |
3:2022cv01163 |
June 6, 2022 |
US District Court for the Southern District of Illinois |
J Phil Gilbert |
Staci M Yandle |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 13 Prisoner Trust Fund Account Statement. (tjk) |
Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
Filing 11 Case Reassigned to Judge J. Phil Gilbert. Judge Staci M. Yandle no longer assigned to the case. All further documents shall bear the case number 22-1163-JPG. (jaj) |
Filing 10 Prisoner Trust Fund Account Statement by Vallie Francis Zeller. (jaj) |
Filing 9 Prisoner Trust Fund Account Statement. (kare) |
Filing 8 ORDER. This case has been stayed pending the resolution of the criminal proceedings in USA v. Zeller, SDIL case no. 3:20-cr-30101-NJR-1. Accordingly, all pending motions are TERMINATED and may be refiled when the stay is lifted. Signed by Judge Staci M. Yandle on 6/8/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 7 ORDER STAYING CASE. Plaintiff is seeking to litigate the same issues in this civil lawsuit and his criminal case pending in this District. See USA v. Zeller, SDIL case no. 3:20-cr-30101-NJR-1. A criminal defendant may not utilize constitutional tort litigation to supplement or sidetrack criminal proceedings. McDonough v. Smith,, 139 S. Ct. 2149, 2158 (2019). "The proper approach in our federal system generally is for a criminal defendant who believes that the criminal proceedings against him rest on knowingly fabricated evidence to defend himself at trial and, if necessary, then to attack any resulting conviction through collateral review proceedings." Id. at 2159. A claim alleging fabricated evidence or other forms of wrongful prosecution accrues only when "the criminal proceeding has ended in the defendant's favor, or a resulting conviction has been invalidated within the meaning of Heck [v. Humphrey, 512 U.S. 477 (1994)]." Id. at 2158. Accordingly, this action is STAYED pending the resolution of USA v. Zeller, SDIL case no. 3:20-cr-30101-NJR-1. Plaintiff is ORDERED to notify the Court within 30 days after judgment is entered in the criminal case and to file status reports as directed. The first status report shall be filed by September 5, 2022. Plaintiff's failure to comply with this Order will result in dismissal of the case pursuant to Fed. R. Civ. P. 41(b) for failure to comply with a court order and to prosecute his claims. Signed by Judge Staci M. Yandle on 6/7/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 6 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 12/1/2021 to 6/6/2022 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 St. Clair County Jail. (Trust Fund Statement due on or before 7/22/2022). Signed by Judge Staci M. Yandle on 6/7/2022. (tjk) |
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 06/06/2022. Consent due by 6/27/2022 (kare) |
Filing 4 NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 22-1163-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 6/6/2022. (kare) |
Filing 3 MOTION for Recruitment of Counsel by Vallie Francis Zeller. (kare) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Vallie Francis Zeller. (kare) |
Filing 1 COMPLAINT against All Defendants, filed by Vallie Francis Zeller.(kare) |
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