Jenkins v. Benzing et al
| Antwon D. Jenkins |
| Kenny Benzing and Allison Alexander |
| 3:2022cv01388 |
| June 28, 2022 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2022. A more recent docket listing may be available from PACER.
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Filing 6
ORDER GRANTING #5 Motion to Voluntarily Dismiss Case. Plaintiff has informed the Court that he does not wish to proceed with this severed case. Consequently, this action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). This dismissal shall not count as a "strike" within the meaning of 28 U.S.C. 1915(g), and the record shall reflect that the filing fee is satisfied and no payments shall be collected from Plaintiff. Signed by Judge J. Phil Gilbert on 7/12/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION to Dismiss by Antwon D. Jenkins. (kare) |
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Filing 4
ORDER: On 6/28/2022, this case was severed from Jenkins v. Benzing, et al, SDIL Case No. 21-cv-1371-JPG. 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 August 2, 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 8/2/2022). Signed by Judge J. Phil Gilbert on 6/28/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 NOTICE FROM CLERK Instructing Jenkins 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 Jenkins on 6/28/2022. Consent due by 7/19/2022 (tjk) |
| Filing 2 COMPLAINT against Allison Alexander, Kenny Benzing, filed by Antwon D. Jenkins.(tjk) |
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Filing 1
MEMORANDUM AND ORDER severing case number 21-1371-JPG. Signed by Judge J. Phil Gilbert on 6/28/2022. (tjk)
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