Wisnauski v. Jeffreys et al
| Timothy Wisnauski |
| Rob Jeffreys, Travis Bayler, Dr. Myers, C Hale, M Lively, John/Jane Doe 1, David Mitchell and Christine Brown |
| 3:2023cv02261 |
| June 29, 2023 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 13 AMENDED COMPLAINT against Dr. Myers, David Mitchell, Christine Brown filed by Timothy Wisnauski.(jaj) |
| Filing 12 NOTICE of Change of Address by Timothy Wisnauski (jaj) |
| Filing 11 NOTICE of Change of Address by Timothy Wisnauski (jaj) |
Filing 10
ORDER: The Complaint is DISMISSED without prejudice for failure to state a claim under 28 U.S.C. 1915A. The #9 motion for temporary restraining order is DENIED. Plaintiff is GRANTED leave to file a First Amended Complaint on or before August 18, 2023. Should Plaintiff fail to file a First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the entire case shall be dismissed with prejudice for failure to state claim, failure to comply with a court order, and/or for failure to prosecute his claims. The Clerk is DIRECTED to mail him a blank civil rights complaint form. Signed by Judge Stephen P. McGlynn on 7/21/2023. (jrj)
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| Filing 9 MOTION for Temporary Restraining Order by Timothy Wisnauski. (jaj) |
| Filing fee: $ 402.00, receipt number 4279 (aza) |
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Filing 8
ORDER: Plaintiff has filed two documents with the Court. In the first document (Doc. #4 ), Plaintiff claims that since initiating this lawsuit he has been placed in solitary confinement on investigative status and threatened by a correctional officer. He states he wants these facts to go on the record because he fears for his life. The Clerk of Court is DIRECTED to STRIKE Doc. #4 . To the extent Plaintiff is seeking to add factual allegations to the Complaint, the Court does not allow piecemeal amendments. Plaintiff is ADVISED that an amended complaint is a single document that must stand on its own without reference to any other pleading and include all claims against all defendants and his requested relief. To the extent Plaintiff is seeking some sort of emergency injunctive relief, the document also fails as a motion under Federal Rule of Civil Procedure 65. Plaintiff does not request any kind of relief from the Court or demonstrate that he will suffer immediate and irreparable injury, loss, or damage before the adverse party can be heard in opposition to his motion. In the second document, filed as a motion for copies (Doc. #5 ), Plaintiff asks for information on how to pay the filing fee and on how to have the documents e-filed with the Court through the law library returned to him. The motion is GRANTED in part. The Court does not have possession of Plaintiff's original Complaint. Pursuant to General Order No: 18-0014 Procedural Rules for Electronic Filing Program, "library staff will return the original document to the prisoner," once a document is scanned to be sent to the Court. The Court will send Plaintiff copies of his filings only after receiving prepayment of the required fee (i.e., $.50 per page). The Court also cannot provide Plaintiff with information on the internal procedures of the Illinois Department of Corrections for submitting payments to the Court. Plaintiff is advised to seek answers to his questions through the appropriate channels at his institution. To assist Plaintiff in receiving answers to his questions, the Clerk of Court is DIRECTED to send this Order to the litigation coordinator at Pinckneyville Correctional Center. Signed by Judge Stephen P. McGlynn on 7/6/2023. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 5 MOTION for Copies by Timothy Wisnauski. (jaj) |
| Filing 4 ENTRY STRICKEN PER ORDER AT 8 - Letter from Plaintiff to the Court (jaj) Modified on 7/7/2023 (jaj). |
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Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 23-2261-SPM. Within 30 days of the entry of this Order, you are ORDERED to submit the $402.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). 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 6/29/2023. (jaj)
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| Filing 2 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 6/29/2023. Consent due by 7/20/2023 (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Timothy Wisnauski.(jaj) |
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