Swanson v. USA et al
| Benjamin Godwin Swanson |
| USA and Jan Novotney |
| 3:2022cv02302 |
| October 5, 2022 |
| U.S. District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. ยง 1346 Tort Claim |
| None |
Docket Report
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Filing 13
ORDER DENYING #12 Motion for Preliminary Injunction. Plaintiff responded to the Notice (Doc. 8) directing him to file a consent form by stating that he never received his mail containing the form and asking for a preliminary injunction to stop staff interference with his mail. The consent form has since been submitted. The motion is DENIED without prejudice. Signed by Judge J. Phil Gilbert on 11/7/2022 (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
MOTION for Preliminary Injunction by Benjamin Godwin Swanson. (kare)
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Filing 11
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
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Filing 10
ORDER DENYING #5 Motion for Copies of Local Rules and DISMISSING as unnecessary #5 Motion for Leave to Amend Complaint. Plaintiff requests a complete copy of this Court's local rules, which cost $3.00. However, he did not submit prepayment for them, so his request is DENIED. Should Plaintiff wish to order a complete copy of this Court's local rules for purchase, he should make this request in writing and submit it to the Clerk's Office with prepayment of $3.00. He can also access a free copy of the local rules online at www.ilsd.uscourts.gov/LocalCourtRules or ask the law librarian at his facility for a copy of the local rules. Plaintiff's request for leave to amend the complaint in the event his original complaint is insufficient is DISMISSSED as UNNECESSARY. If the original Complaint does not survive screening under 28 U.S.C. 1915A, the Court will set forth instructions for filing an amended complaint in the Screening Order. Plaintiff will receive a copy of the Screening Order, once preliminary review of the Complaint is done. The Court's Order at Doc. 9 is STRICKEN. Signed by Judge J. Phil Gilbert on 10/28/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
STRICKEN PER ORDER AT 10 - ORDER DENYING #5 Motion for Copies of Local Rules and DISMISSING as unnecessary #5 Motion for Leave to Amend Complaint. Plaintiff requests a complete copy of this Court's local rules, which total sixty-one (61) pages. However, he did not submit prepayment for these copies when requesting them, so his request is DENIED. As a general rule, the District Clerk will mail paper copies of any document to a party only upon prepayment of the required fee. According to 28 U.S.C. 1914(b), "[t]he clerk shall collect from the parties such additional fees only as are prescribed by the Judicial Conference of the United States." The Judicial Conference Schedule of Fees section (4) provides that a fee of $0.50 per page shall apply for reproducing any record or paper. Should Plaintiff wish to order a complete copy of this Court's local rules, he should make this request in writing and submit it to the Clerk's Office with prepayment of $30.50. He can also access a free copy of the local rules online at www.ilsd.uscourts.gov/LocalCourtRules or ask the law librarian at his facility for a copy of the local rules. Plaintiff's request for leave to amend the complaint in the event his original complaint is insufficient is DISMISSSED as UNNECESSARY. If the original Complaint does not survive screening under 28 U.S.C. 1915A, the Court will set forth instructions for filing an amended complaint in the Screening Order. Plaintiff will receive a copy of the Screening Order, once preliminary review of the Complaint is done. Signed by Judge J. Phil Gilbert on 10/28/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 10/28/2022 (jaj).
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Filing 8
NOTICE: Plaintiff 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, Plaintiff shall return the form within 7 days or face possible sanctions. Consent due by 11/3/2022 (kare)
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Filing 7
ORDER Directing Monthly Payments be made from Prison Account of Swanson, granting #4 MOTION for Leave to Proceed in forma pauperis filed by Benjamin Godwin Swanson. The Clerk is DIRECTED to provide two copies of the appropriate form to Plaintiff with his copy of this Order, along with a pre-addressed return envelope. Failure to provide the Clerk of Court with this authorization shall be grounds for dismissal of this case. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiffs signed consent form, the Clerk shall mail a copy of this Memorandum and Order and an executed copy of the consent form to the Warden at Marion United States Penitentiary, as well as e-mail a copy of this Memorandum and Order and an executed copy of the consent form to the Trust Fund Management Staff at Marion United States Penitentiary. Signed by Judge J. Phil Gilbert on 10/24/2022. (tjk)
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Filing 6
ORDER: The Court has received your motion to proceed without prepayment of the filing fee. 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. 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 J. Phil Gilbert on 10/24/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
MOTION for copy of local rules, MOTION for Leave to File Amended Complaint by Benjamin Godwin Swanson. (kare)
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Filing 4
MOTION for Leave to Proceed in forma pauperis by Benjamin Godwin Swanson. (kare)
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Filing 3
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 10/5/2022. Consent due by 10/26/2022 (kare)
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 22-2302-JPG. Within 30 days of the entry of this Order, you are ORDERED to submit the $402.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). 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 J. Phil Gilbert on 10/5/2022. (kare)
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Filing 1
COMPLAINT against All Defendants, filed by Benjamin Godwin Swanson.(kare)
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