Hubbard v. Gonzalez et al
| Courtney M Hubbard |
| A. Gonzalez, D. Brookhart and J. Garrett |
| 3:2023cv02131 |
| June 21, 2023 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 17 REQUEST FOR WAIVER of Service sent to A. Gonzalez on 8/7/2023. Waiver of Service due by 9/6/2023. (tjk) |
Filing 16
Order for Service of Process upon A. Gonzalez, DENYING #4 MOTION to Request Counsel filed by Courtney M Hubbard. Brookhart and J. Garrett are DISMISSED without prejudice. Signed by Magistrate Judge Mark A. Beatty on 8/3/2023. (anp)
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| Filing 15 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Magistrate Judge Mark A. Beatty for further proceedings. Chief Judge Nancy J. Rosenstengel no longer assigned to the case. All future documents must bear case number 23-2131-MAB. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 14
ORDER granting #13 Motion to Copy. On July 5, 2023 Plaintiff's motion to proceed in forma pauperis was granted and he was assessed an initial partial filing fee of $33.31. The Clerk is DIRECTED to send Plaintiff a copy of the Order at Doc. 9 granting the motion and directing payment of the partial filing fee. Signed by Chief Judge Nancy J. Rosenstengel on 7/27/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 MOTION For Copy of Order by Courtney M Hubbard. (kare) |
| Filing 12 Initial Prisoner Filing Fee: $ 33.31 received, receipt number 4574 (clw) |
| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (adh) |
| Filing 10 NOTICE of Change of Address by Courtney M Hubbard. (adh) |
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Filing 9
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $33.31. 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 Menard Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 7/5/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
This Court has received your complaint (and your motion to proceed without prepayment of the filing fee) from the Central District of Illinois, previously assigned case number: 23-3212. Your new case number is 23-2131-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 6/21/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 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 6/21/2023. Consent due by 7/12/2023 (jaj) |
| Filing 6 Case transferred in from District of Illinois Central; Case Number 3:23-cv-03213. Original file certified copy of transfer order and docket sheet received. |
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Filing 5
ORDER entered by Judge Colin Stirling Bruce on 6/20/2023. The Court, in the interest of justice and for the convenience of the parties and witnesses, transfers this action pursuant to 28 U.S.C. Section 1404(a) to the United States District Court for the Southern District of Illinois for whatever action(s) the transferee court deems appropriate. The Clerk shall not issue summons or take any further action(s) in this case unless the transferee court so directs. See written order. (KE) [Transferred from Illinois Central on 6/21/2023.]
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| Filing 4 MOTION to Request Counsel by Plaintiff Courtney M Hubbard. Responses due by 7/5/2023 (KE) [Transferred from Illinois Central on 6/21/2023.] |
| Filing 3 +++ PRISONER TRUST FUND LEDGER by Courtney M Hubbard. (KE) [Transferred from Illinois Central on 6/21/2023.] |
| Filing 2 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Courtney M Hubbard.(KE) [Transferred from Illinois Central on 6/21/2023.] |
| Filing 1 COMPLAINT against All Defendants, filed by Courtney M Hubbard. (Attachments: #1 Exhibits)(KE) [Transferred from Illinois Central on 6/21/2023.] |
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