Ledbetter v. IDHS et al
| Michael Lee Ledbetter |
| IDHS and Chester Mental Health Center |
| 3:2022cv02317 |
| October 6, 2022 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 11
ORDER denying #10 Motion to Continue. On 10/24/2022, Plaintiff filed a motion to dismiss his case and the Court dismissed his Complaint and entered Judgment. He now files a motion stating that he is sorry for dismissing his case and wants to continue it. There is no indication that his prior request for dismissal was a mistake. His previous motion clearly asked for dismissal. Further, a review of his Complaint (Doc. 1) indicates that Plaintiff failed to state a claim as he offers only vague allegations that he suffered mental and physical abuse without any indication who caused this abuse. He fails to identify any Defendants who abused him. Accordingly, his motion to continue (Doc. 10) is DENIED. If Plaintiff wants to re-open his case, he needs to file a motion indicating why his formal request for dismissal (Doc. 6) was a mistake as well as submitting an Amended Complaint. Signed by Chief Judge Nancy J. Rosenstengel on 10/28/2022. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 MOTION to Continue by Michael Lee Ledbetter. (jaj) |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 8 CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 10/25/2022. (anp) |
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Filing 7
ORDER granting #6 Motion to Dismiss. Plaintiff seeks to voluntarily dismiss his case. The motion is GRANTED and the case is DISMISSED without prejudice. The Court will not collect the remaining filing fee. Signed by Chief Judge Nancy J. Rosenstengel on 10/25/2022. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 MOTION to Dismiss by Michael Lee Ledbetter. (jaj) |
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Filing 5
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 4/1/2022 to 10/6/2022 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 Chester Mental Health Center. (Trust Fund Statement due on or before 11/25/2022). Signed by Chief Judge Nancy J. Rosenstengel on 10/11/2022. (tjk)
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| Filing 4 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 10/6/2022. Consent due by 10/27/2022 (kare) |
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Filing 3
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 22-2317-NJR. 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 Chief Judge Nancy J. Rosenstengel on 10/6/2022. (kare)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael Lee Ledbetter. (kare) |
| Filing 1 COMPLAINT against All Defendants, filed by Michael Lee Ledbetter.(kare) |
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