Gilbert v. Jeffreys et al
| Robert Gilbert |
| Rob Jeffreys, Adewale Kuforiji, Galloway, Hverre, Richard G Morgenthaler, Morris, Richard L Miles, Jr, Shane A. Tasky, Sierra Tate, Douglas E Mason, Christensen, Myers, Coke, John Doe, P Anderson, S Smith, D Casey, Frerking, Cisqo and Jane Doe |
| 3:2022cv02669 |
| November 15, 2022 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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Filing 28
ORDER DENYING #10 Motion for Extension of Deadlines due to a law library staffing short at Shawnee Correctional Center in October 2022. Extensions of deadlines are generally disfavored, and the Court does not grant blanket extensions, even where a prison's law library is temporarily unstaffed. Plaintiff should seek an extension of a specific deadline only when necessary and well in advance of the deadline. Signed by Judge Staci M. Yandle on 1/12/2023. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
ORDER: Plaintiff's #6 #25 Motions to Credit or Defer Filing Fee are DENIED. In both, Plaintiff seeks credit for the filing fee in this case based on his payment of a filing fee in another case, i.e., Gilbert v. Pritzker, Case No. 20-cv-3304-SEM (C.D. Ill.). That case was dismissed when he failed to submit an amended complaint. See id. Plaintiff incurs a new filing fee for each new civil case he files regardless of the outcome of the case. He is owed no credit. Plaintiff's #12 motion to proceed in forma pauperis has been granted, however, and he must pay the initial partial filing fee of $208.34 as ordered. Signed by Judge Staci M. Yandle on 1/12/2023. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 26
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #12 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $208.34. 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 Shawnee Correctional Center upon entry of this Order. Plaintiff's Motion for Extension of Time (Doc. #11 ) and Motion to Clarify Filing Fee Status (Doc. #22 ) are both DENIED as moot. The trust fund account information has been received. Plaintiff's Motions to Credit Filing Fee (Docs. #6 and #25 ) will be addressed by separate order. Signed by Judge Staci M. Yandle on 1/12/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 25 MOTION to Credit or Defer Filing Fee by Robert Gilbert. (adh) |
| Filing 24 Prisoner Trust Fund Account Statement by Robert Gilbert. (adh) |
| Filing 23 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (adh) |
| Filing 22 MOTION Clarify Filing Fee Status by Robert Gilbert. (adh) |
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Filing 21
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #12 ), 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. 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 3/1/2022 to 5/31/2022 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 Big Muddy River Correctional Center. (Trust Fund Statement due on or before 2/6/2023). Signed by Judge Staci M. Yandle on 12/21/2022. (tjk)
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Filing 20
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Gilbert was previously directed to file the attached form indicating consent to proceed before the Magistrate Judge or an affirmative declination to consent. The time for doing so has long passed, and in spite of a warning and additional time to do so, said party continues to ignore the Court's directive by not returning the form. Thus, Gilbert is ordered to SHOW CAUSE why sanctions should not be imposed for failure to file the attached form as is required under Administrative Order No. 257. Show Cause Response re Consent due by 1/3/2023. Signed by Judge Staci M. Yandle on 12/20/2022. (tjk)
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| Filing 19 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 12/13/2022 (jaj) |
| Filing 18 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 11/15/2022. Consent due by 12/6/2022 (jaj) |
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Filing 17
This Court has received your complaint/petition (and your motion to proceed without prepayment of the filing fee) from the Central District of Illinois, previously assigned case number: 22-3198. Your new case number is 22-2269-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 11/15/2022. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 Case transferred in from District of Illinois Central; Case Number 3:22-cv-03198. Original file certified copy of transfer order and docket sheet received. |
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Filing 15
ORDER entered by Judge Sue E. Myerscough on 11/15/2022. In the interest of justice and for the parties' convenience, this Court transfers this suit under 28 U.S.C. Sections 1391(b) and 1404(a) to the United States District Court for the Southern District of Illinois for whatever action(s) the transferee court deems appropriate. See written order. (KE) [Transferred from Illinois Central on 11/15/2022.]
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| Filing 14 Letter Requesting Trust Fund Ledger. Trust Fund Ledgers due by 11/8/2022. (KE) [Transferred from Illinois Central on 11/15/2022.] |
| Filing 13 +++ PRISONER TRUST FUND LEDGER by Robert Gilbert. (KE) [Transferred from Illinois Central on 11/15/2022.] |
| Filing 12 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Robert Gilbert. (Attachments: #1 Exhibit, #2 Envelope)(KE) [Transferred from Illinois Central on 11/15/2022.] |
| Filing 11 MOTION for Extension of Time to Submit Motion to Proceed In Forma Pauperis by Plaintiff Robert Gilbert. Responses due by 11/4/2022 (KE) [Transferred from Illinois Central on 11/15/2022.] |
| Filing 10 MOTION for Extension of Deadlines by Plaintiff Robert Gilbert. Responses due by 11/4/2022 (KE) [Transferred from Illinois Central on 11/15/2022.] |
| Filing 9 Remark: Docket Sheet to Plaintiff pursuant to request. (KE) [Transferred from Illinois Central on 11/15/2022.] |
| Filing 8 Letter from Plaintiff requesting case number. (KE) [Transferred from Illinois Central on 11/15/2022.] |
| Filing 7 NOTICE of Change of Address to Shawnee Correctional Center by Robert Gilbert (KE) [Transferred from Illinois Central on 11/15/2022.] |
| Filing 6 Motion to Credit Filing Fee by Plaintiff Robert Gilbert. Responses due by 10/21/2022.(BMG) [Transferred from Illinois Central on 11/15/2022.] |
| Filing 5 NOTICE of Change of Address by Robert Gilbert (KE) [Transferred from Illinois Central on 11/15/2022.] |
| NOTICE: The Clerk of the Court has been informed by Illinois Department of Corrections that effective immediately, Plaintiff has been transferred from Vienna Correctional Center to Shawnee Correctional Center. The Illinois Department of Corrections has conveyed this information simply as a courtesy to the Clerk of the Court.Plaintiff is reminded that he is under a continuing obligation to keep the Clerk and each opposing party informed of any change in his location. Pursuant to Central District of Illinois Local Rule 16.3(K), every pro se plaintiff must notify the Clerk of this court in writing of any change of address during the entire pendency of his case. It is not the Court's responsibility to independently maintain current addresses on all parties to pending actions. As a courtesy to Plaintiff, however, the Clerk is DIRECTED to send a copy of this Notice to Plaintiff at the institution where he has reportedly been transferred. Plaintiff shall, no later than 14 days from the date of this Notice, file a notice of change of address with the Clerk. Failure to do so will result in dismissal of this action.Notice of Change of Address to be filed by plaintiff by 10/14/2022 (KE) [Transferred from Illinois Central on 11/15/2022.] |
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Filing 4
TEXT ORDER entered by Judge Sue E. Myerscough on 9/28/2022. Plaintiff has filed a Complaint but has not paid the $402 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $402 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. (KE) [Transferred from Illinois Central on 11/15/2022.]
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| Filing 3 Letter from Plaintiff regarding filing fee. (KE) [Transferred from Illinois Central on 11/15/2022.] |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 10/18/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) [Transferred from Illinois Central on 11/15/2022.] |
| Filing 1 COMPLAINT against All Defendants, filed by Robert Gilbert.(KE) (Additional attachment(s) added on 9/28/2022: #1 Envelope) (KE). [Transferred from Illinois Central on 11/15/2022.] |
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