Wester v. Brookhart et al
| DeWayne Wester |
| Dee Dee Brookhart, Tiffanie Clark, John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5, John Doe 6 and John Doe 7 |
| 3:2023cv00918 |
| March 22, 2023 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 14 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 257 and 341, 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 3/22/2023. Consent due by 4/12/2023 (kare) |
Filing 13
NOTICE AND ORDER: This Court has received your complaint from the Central District of Illinois, previously assigned case number: 1:22-cv-01366-SLD. Your new case number is 23-918-SPM. The following is some information you should know regarding the initial stages of your lawsuit. The Court will now 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 Stephen P. McGlynn on 3/22/2023. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 Case transferred in from District of Illinois Central; Case Number 1:22-cv-01366. Original file certified copy of transfer order and docket sheet received. |
| Filing 11 AMENDED COMPLAINT against Dee Dee Brookhart, John Doe, 2, John Doe, 3, John Doe, 4, John Doe, 1, John Doe 5, John Doe 7, filed by DeWayne Wester.(SAG) [Transferred from Illinois Central on 3/22/2023.] |
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Filing 10
MERIT REVIEW ORDER #2 entered by Chief Judge Sara Darrow on 3/21/2023. IT IS THEREFORE ORDERED: 1. Plaintiff's Motion for Leave to File an Amended Complaint #9 is GRANTED. Clerk is directed to docket the proposed amended complaint attached to Plaintiff's motion. 2. Pursuant to its merit review of the Complaint under 28 U.S.C. 1915A, the court finds that Plaintiff fails to state a constitutional claim against Defendants John Doe No. 6 and Tiffanie Clark. Clerk is directed to terminate these defendants. 3. This case and Plaintiff's remaining claims are hereby transferred to the Southern District of Illinois pursuant to 28 U.S.C. 1391(b) and 28 U.S.C. 1404(a) for any actions the transferee court deems necessary. SEE FULL WRITTEN ORDER.(SAG) [Transferred from Illinois Central on 3/22/2023.]
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| Filing 9 MOTION for Leave to File Amended Complaint by Plaintiff DeWayne Wester. Responses due by 3/7/2023 (RES) [Transferred from Illinois Central on 3/22/2023.] |
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Filing 8
MERIT REVIEW ORDER Entered by Chief Judge Sara Darrow on 1/26/23. 1)Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. 1915A. Plaintiff shall have 30 days from the entry of this order to file an amended complaint. Failure to file an amended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. Plaintiff's amended complaint will replace Plaintiff's original complaint in its entirety. The amended complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted.2)Plaintiff filed two Motions to Request Counsel #5 #6 . Plaintiff has no constitutional or statutory right to counsel in this case. In considering the Plaintiff's motion, the court asks: (1) has the indigent Plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself? Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Plaintiff attached letters he allegedly sent to attorneys requesting representation in this case. The letters are dated the same day Plaintiff filed this lawsuit, and he indicates that he has not received any responses. Plaintiffs efforts to obtain counsel appear to be ongoing, and he has not provided any objective evidence (e.g. a mail log) showing that he sent the letters he attached. The Court finds that Plaintiff has not satisfied the first prong. Plaintiff has completed some high school, he has personal knowledge of the facts, and he has demonstrated an ability to adequately convey them to the Court. The facts of this case are not overly complex, nor do they appear to exceed Plaintiffs intellectual capabilities. The Court finds that Plaintiff is capable of representing himself at this time. Plaintiffs motions #5 #6 are DENIED with leave to renew.3)Plaintiff's Motion for Status #7 is DENIED as moot. See Written Order. (ANW) (ANW). [Transferred from Illinois Central on 3/22/2023.]
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| Prisoner Initial Partial Filing Fee received 12/1/2022, in the amount of $166.53; receipt number ROC400000161 (RES) [Transferred from Illinois Central on 3/22/2023.] |
| Filing 7 MOTION for Status by Plaintiff DeWayne Wester. Responses due by 12/6/2022 (RES) [Transferred from Illinois Central on 3/22/2023.] |
| Filing 6 MOTION Regarding "Response" to Letters Seeking Counsel by Plaintiff DeWayne Wester. Responses due by 11/15/2022 (RES) [Transferred from Illinois Central on 3/22/2023.] |
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TEXT ORDER entered by Chief Judge Sara Darrow on 10/25/2022 granting #3 Petition to Proceed in Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $46.93. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court within 30 days of this order. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall make monthly payments of 20 percent of the preceding month`s income credited to Plaintiff`s account to the Clerk of Court. Income includes all deposits from any source, including gifts. The agency having custody of the plaintiff shall forward these payments each time Plaintiff`s account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff`s place of confinement, to the attention of the Trust Fund Office, and to Plaintiff. Prisoner Prepayment due by 11/25/2022. (KB) [Transferred from Illinois Central on 3/22/2023.]
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| Filing 5 MOTION to Request Counsel by Plaintiff DeWayne Wester. Responses due by 11/4/2022. (KB) [Transferred from Illinois Central on 3/22/2023.] |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by DeWayne Wester. (KB) [Transferred from Illinois Central on 3/22/2023.] |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by DeWayne Wester. (KB) [Transferred from Illinois Central on 3/22/2023.] |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Chief Judge Sara Darrow. Effective immediately, all documents should be mailed or scanned to the Rock Island Division, 322 16th Street, Rock Island, IL 61201. Merit Review Deadline set for 11/10/2022. (Attachments: #1 Notice Regarding Privacy Issues) (KB) [Transferred from Illinois Central on 3/22/2023.] |
| Filing 1 COMPLAINT filed by DeWayne Wester. (KB) [Transferred from Illinois Central on 3/22/2023.] |
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