Smith v. Smith et al
| Cody Smith |
| C/O Smith, C/O Furlough, John Doe, John Doe 1 and Warden of Menard |
| 3:2022cv02606 |
| November 9, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 30, 2022. A more recent docket listing may be available from PACER.
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| Filing 31 NOTICE FROM CLERK Instructing Warden of Menard 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 Warden of Menard on 12/30/22. Consent due by 1/20/2023 (jlh) |
| Filing 30 NOTICE of Appearance by Erica Szewczyk on behalf of Warden of Menard (Szewczyk, Erica) |
| Filing 29 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Szewczyk, Erica) |
| Filing 28 WAIVER OF SERVICE Returned Executed Warden of Menard waiver sent on 12/22/2022, answer due 2/21/2023. (tjk) |
| Filing 27 REQUEST FOR WAIVER of Service sent to Warden on 12/22/2022. Waiver of Service due by 1/23/2023. (tjk) |
Filing 26
ORDER: Plaintiff's Motion for Court Order #21 provides responsive information about the identification of C/O Smith. As explained in the Court's November 18, 2022 Order, there are multiple employees at Menard named "C/O Smith" so additional information is necessary to complete service of process in this case. Plaintiff has now tendered additional information of the sort typically used to identify a John Doe defendant. To expedite identification procedures, the Court hereby DIRECTS the Clerk of Court to SUBSTITUTE John Doe 1 for C/O Smith and to ADD the Warden of Menard (in official capacity only) to assist with the identification of this Defendant. Once the Warden of Menard has entered an appearance, the Court will issue next steps for the identification of John Doe. Plaintiff's Motion for Court Order #21 is DENIED as MOOT in light of these steps. Additionally, Plaintiff's Motion to Proceed In Forma Pauperis #23 is DENIED as MOOT because Plaintiff has already been granted pauper status, and he has already paid his initial partial filing fee. Signed by Judge David W. Dugan on 12/19/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Initial Prisoner Filing Fee: $ 91.03 received, receipt number 1484 (bmc) |
| Filing 25 NOTICE FROM CLERK Instructing C/O Furlough 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 C/O Furlough on 12/8/22. Consent due by 12/29/2022 (jlh) |
| Filing 24 NOTICE of Appearance by Erica Szewczyk on behalf of C/O Furlough (Szewczyk, Erica) |
| Filing 23 MOTION for Leave to Proceed in forma pauperis by Cody Smith. (kare) |
| Filing 22 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 21 MOTION for Court Order to Execute "Notice of a Lawsuit and Waiver of Service/ Summons" to defendants and Reply for Identification of Defendant Smith by Cody Smith. (kare) |
| Filing 20 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 12/8/2022 (jlh) |
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Filing 19
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $91.03. 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 Pontiac Correctional Center upon entry of this Order. Signed by Judge David W. Dugan on 11/29/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 WAIVER OF SERVICE Returned Executed C/O Furlough waiver sent on 11/18/2022, answer due 1/17/2023. (tjk) |
| Filing 18 Prisoner Trust Fund Account Statement. (kare) |
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Filing 16
ORDER: This action is before the Court for the purpose of docket control. As of today, Defendant Smith has not been served. A request for waiver of service was returned unexecuted as to Defendant Smith on November 17, 2022, with the notation that there is not enough information to identify the defendant for service (Doc. 12). IT IS THEREFORE ORDERED that Plaintiff provide additional information (i.e. physical description, date and time of alleged interaction giving rise to this lawsuit, etc.) to the Clerk of Court and file a notice of such, to identify Defendant Smith. Plaintiff SHALL provide said information within 30 days of the date of this order so that process may be served upon them. Plaintiff is WARNED that his failure to comply with this Order may result in dismissal of Defendant Smith from this lawsuit. Signed by Judge David W. Dugan on 11/18/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #13 Request for Waiver of Service. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 SECOND REQUEST FOR WAIVER of Service sent to Furlough on 11/18/2022. Waiver of Service due by 12/19/2022. (tjk) |
| Filing 13 ENTRY STRICKEN: SECOND REQUEST FOR WAIVER of Service sent to Smith and Furlough on 11/18/2022. Waiver of Service due by 12/19/2022. (tjk) Modified on 11/18/2022 (tjk). |
| Filing 12 Waiver of Service Returned Unexecuted as to Smith. (tjk) |
| Filing 11 Waiver of Service Returned Unexecuted as to Furlough. (tjk) |
| Filing 10 REQUEST FOR WAIVER of Service sent to C/O Furlough on 11/14/2022. Waiver of Service due by 12/14/2022. (jaj) |
| Filing 9 REQUEST FOR WAIVER of Service sent to C/O Smith on 11/14/2022. Waiver of Service due by 12/14/2022. (jaj) |
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Filing 8
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 11/14/2022. (jaj)
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Filing 7
Order for Service of Process: As explained in this Order, Plaintiff may proceed on Claim 1 against Defendants Smith and Furlough, and the Clerk is DIRECTED to serve Smith and Furlough. By contrast, John Doe is dismissed because Plaintiff has failed to allege sufficient facts to state a claim against John Doe. The Clerk is DIRECTED to TERMINATE John Doe. Plaintiff's Motion for Counsel #2 is DENIED without prejudice, Plaintiff may seek counsel later in the case if he believes it is necessary. Based on the allegations in this case, the Clerk is also DIRECTED to enter a HIPAA protective order. Signed by Judge David W. Dugan on 11/10/2022. (kgk)
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Filing 6
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #3 ), 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 8/24/2022 to 11/9/2022 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 Pontiac Correctional Center. (Trust Fund Statement due on or before 12/27/2022). Signed by Judge David W. Dugan on 11/10/2022. (tjk)
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| Filing 5 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 11/9/2022. Consent due by 11/30/2022 (kare) |
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Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 22-2606-DWD. 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 David W. Dugan on 11/9/2022. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Cody Smith. (kare) |
| Filing 2 MOTION to Appoint Counsel by Cody Smith. (kare) |
| Filing 1 COMPLAINT against John Doe, C/O Furlough, C/O Smith, filed by Cody Smith.(kare) |
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