Hawkins v. Phillips
| Jacques S. Hawkins |
| Phillips |
| 3:2023cv02008 |
| June 13, 2023 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
Docket Report
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Filing 14
ORDER re #12 : Plaintiff requested an updated docket sheet and clarification on which District Court this case will proceed in. This case was transferred to the Southern District of Illinois on May 26, 2023 (Docs. #5 , 8) and is proceeding in this District. The Complaint is currently awaiting preliminary review by the Court pursuant to 28 U.S.C. 1915A. No additional evidence, arguments, motions, or documents are needed at this time. Plaintiff is REMINDED to keep the Court informed of any change of address. A copy of the Court's order will be forwarded to Plaintiff as soon as this review is completed. The Clerk of Court is DIRECTED to send Plaintiff a copy of the docket sheet. All further requests for copies should be made in writing to the Clerk of Court by referring to the case number and the document number and submitting the required prepayment. The District Clerk will mail paper copies of any document after receiving prepayment of the required fee (i.e., $.50 per page). Signed by Judge Staci M. Yandle on 7/10/2023. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
ORDER Directing Monthly Payments be made from Prison Account of Hawkins, granting #3 Motion for Leave to Proceed in forma pauperis filed by Jacques S. Hawkins.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. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff's 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 Greenville Federal Correctional Institution, 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 Greenville Federal Correctional Institution. Signed by Judge Staci M. Yandle on 7/5/2023. (tjk)
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| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. And Motion for copies and clarification. (kare) |
| Filing 11 Prisoner Trust Fund Account Statement. (kare) |
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Filing 10
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. 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 trust fund account statement (or institutional equivalent) for the period 11/1/2022 to 5/5/2023 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 Greenville Federal Correctional Institution. (Trust Fund Statement due on or before 7/31/2023). Signed by Judge Staci M. Yandle on 6/14/2023. (tjk)
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| Filing 9 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 6/13/2023. Consent due by 7/5/2023 (kare) |
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Filing 8
NOTICE AND ORDER: This Court has received your complaint and your motion to proceed without prepayment of the filing fee from the Eastern District of Missouri, previously assigned case number: 4:23-cv-00601. Your new case number is 23-2008-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 6/13/2023. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 Case transferred in from District of Missouri Eastern; Case Number 4:23-cv-00601. Original file certified copy of transfer order and docket sheet received. |
| Filing 6 AFFIDAVIT OF FACT by Plaintiff Jacques S. Hawkins (docket sheet requested; mailed on 6/5/2023). (KXS) [Transferred from Missouri Eastern on 6/13/2023.] |
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Filing 5
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall TRANSFER this case to the United States District Court for the Southern District of Illinois. See 28 U.S.C. 1406(a). ( Case to be transferred after 6/9/2023.) Signed by District Judge Sarah E. Pitlyk on 05/26/2023. (ANP) [Transferred from Missouri Eastern on 6/13/2023.]
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ORDER RECEIPT: (see receipt) Docket No: 5. Fri May 26 15:04:28 CDT 2023 (Petri, Alexis) [Transferred from Missouri Eastern on 6/13/2023.]
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| Filing 4 MOTION FOR APPOINTMENT OF COUNSEL AND AFFIDAVIT IN SUPPORT by Plaintiff Jacques S. Hawkins. (KEK) [Transferred from Missouri Eastern on 6/13/2023.] Modified on 6/13/2023 (kare). |
| Filing 3 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Jacques S. Hawkins. (KEK) [Transferred from Missouri Eastern on 6/13/2023.] Modified on 6/13/2023 (kare). Modified on 6/13/2023 (kare). Modified on 6/13/2023 (kare). |
| Filing 2 SUPPLEMENTAL re #1 Complaint by Plaintiff Jacques S. Hawkins. (NEP) (Main Document 2 replaced on 5/18/2023) (KEK). [Transferred from Missouri Eastern on 6/13/2023.] |
| Case Opening Notification. Judge Assigned: Honorable Sarah E. Pitlyk. (JWD) [Transferred from Missouri Eastern on 6/13/2023.] |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JWD) [Transferred from Missouri Eastern on 6/13/2023.] |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon May 8 09:00:43 CDT 2023 (admin,) [Transferred from Missouri Eastern on 6/13/2023.] |
| Filing 1 COMPLAINT against defendant Unknown Phillips Jury Demand,, filed by Jacques S. Hawkins. (Attachments: #1 Envelope)(JWD) [Transferred from Missouri Eastern on 6/13/2023.] |
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