Tammons v. Strubberg et al
| Norman Lee Tammons |
| Lieutenant Strubberg, Lieutenant Bujnak, Sergeant Moore, Officer Everette, Officer Becker and Sergeant Scott |
| 3:2022cv01414 |
| June 30, 2022 |
| U.S. District Court for the Southern District of Illinois |
| East St. Louis Office |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 9
ORDER CONSTRUING #8 Response to Doc. 7 as Notice of Voluntary Dismissal of Case. In his Response, Plaintiff informed the Court that he does not wish to proceed with this action. Pursuant to Rule 41(a)(1)(A)(i), Fed. R. Civ. P., Plaintiff's request for voluntary dismissal of this suit at this stage "effected the immediate dismissal of the suit." Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011); see also Smith v. Potter, 513 F.3d 781, 782 (7th Cir. 2008). No additional action remains for the undersigned Judge to take. This case is considered dismissed without prejudice. The Clerk is DIRECTED to CLOSE this case in CM/ECF without assessing a filing fee for this action. Signed by Judge J. Phil Gilbert on 8/22/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 RESPONSE to 7 Order,,,, filed by Norman Lee Tammons. (kare) |
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Filing 7
ORDER: Plaintiff's deadline for notifying the Court, in writing, of his intent to proceed with this lawsuit is EXTENDED to August 18, 2022. On or before that date, Plaintiff must advise the Court in writing whether he wishes to proceed with this severed suit. If he chooses to go forward, the Court will assess an initial partial filing fee (if appropriate) and 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. Screening of this matter under 28 U.S.C. 1915A is DEFERRED until Plaintiff responds to this Order. Signed by Judge J. Phil Gilbert on 8/5/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines, per Order at Doc. 7: Action due by 8/18/2022. (kls3) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
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Filing 4
ORDER: On 6/30/2022, this case was severed from Tammons v. Bloodworth, et al, SDIL Case No. 22-cv-244-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 $350.00 filing fee in this case. 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 4, 2022 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, the Court will assess an initial partial filing fee (if appropriate) and 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 8/4/2022). Signed by Judge J. Phil Gilbert on 6/30/2022. (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 Tammons 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 Tammons on 6/30/2022. Consent due by 7/21/2022 (tjk) |
| Filing 2 COMPLAINT against All Defendants, filed by Norman Lee Tammons.(tjk) |
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Filing 1
MEMORANDUM AND ORDER severing case number 22-244-JPG. Signed by Judge J. Phil Gilbert on 6/30/2022. (tjk)
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