Brown v. Mitchell et al
| Learnell L. Brown |
| David Mitchell, Tarry Williams and Doe |
| 3:2022cv02193 |
| September 20, 2022 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 17
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Docs. #6 , #14 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $17.49. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to send a copy of this Order to the Trust Fund Officer at the Dixon Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 9/27/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis by Learnell L. Brown. (kare) |
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Filing 13
ORDER. Plaintiff's Motion for Service at Government Expense (Doc. 4) is DENIED as moot. The Court will direct service upon completion of the preliminary review of the Complaint required by 28 U.S.C. 1915A for any Defendant who survives review. Signed by Judge Staci M. Yandle on 9/21/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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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 9/21/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 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 9/20/2022. Consent due by 10/11/2022 (kare) |
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Filing 10
NOTICE AND ORDER: This Court has received your complaint and your motion to proceed without prepayment of the filing fee from the Northern District of Illinois, previously assigned case number: 22-cv-50295. Your new case number is 22-2193-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 9/20/2022. (kare)
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| Filing 9 Case transferred in from District of Illinois Northern; Case Number 3:22-cv-50295. Original file certified copy of transfer order and docket sheet received. |
| Filing 8 TRANSFERRED to the Southern District of Illinois the electronic record. (jp, ) [Transferred from Illinois Northern on 9/20/2022.] |
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Filing 7
ORDER; The Clerk is also directed to transfer this action forthwith to the United States District Court for the Southern District of Illinois, East St. Louis Division, for review of Plaintiff's initial pleadings and any other action deemed appropriate. Signed by the Honorable Iain D. Johnston on 9/19/2022: Mailed notice (yxp, ) [Transferred from Illinois Northern on 9/20/2022.]
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| Filing 6 APPLICATION by Plaintiff Learnell L. Brown for leave to proceed in forma pauperis (pg, ) [Transferred from Illinois Northern on 9/20/2022.] |
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Filing 5
ORDER; Plaintiff has submitted a complaint #1 but did not prepay the filing fee or file an application for leave to proceed in forma pauperis. By September 29, 2022, Plaintiff must either: (1) submit a completed application for leave to proceed in forma pauperis that includes the documentation and certification described below; or (2) pay the full statutory filing fee of $402.00. If he does not comply, the Court will summarily dismiss this case. The Clerk is directed to send Plaintiff a blank application to proceed in forma pauperis, along with a copy of this order. See the attached order for details. Signed by the Honorable Iain D. Johnston on 8/29/2022: Mailed notice (yxp, ) [Transferred from Illinois Northern on 9/20/2022.]
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| MAILED Copy of order #5 and IFP form to Learnell Brown (yxp, ) [Transferred from Illinois Northern on 9/20/2022.] |
| Filing 4 MOTION by Plaintiff Learnell L. Brown For Service of Process at Government Expense. (jp, ) [Transferred from Illinois Northern on 9/20/2022.] |
| Filing 3 MOTION by Plaintiff Learnell L. Brown for attorney representation. (jp, ) [Transferred from Illinois Northern on 9/20/2022.] |
| Filing 2 PRISONER CIVIL Cover Sheet. (jp, ) [Transferred from Illinois Northern on 9/20/2022.] |
| Filing 1 RECEIVED COMPLAINT by Learnell L. Brown; (Attachments: #1 Exhibits) (jp, ) [Transferred from Illinois Northern on 9/20/2022.] |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Learnell L. Brown. (jp, ) [Transferred from Illinois Northern on 9/20/2022.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jp, ) [Transferred from Illinois Northern on 9/20/2022.] |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (jp, ) [Transferred from Illinois Northern on 9/20/2022.] |
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