Morris v. Meyers
Robert Morris |
Dr. Meyers |
3:2023cv03301 |
October 6, 2023 |
US District Court for the Southern District of Illinois |
Reona J Daly |
Nancy J Rosenstengel |
Prison Condition |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
None |
Docket Report
This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 15 ORDER DISMISSING without prejudice #2 Complaint filed by Robert Morris, DENYING as moot #7 MOTION to Compel filed by Robert Morris. Amended Pleadings due by 1/19/2024. Signed by Magistrate Judge Reona J. Daly on 12/20/2023. (anp) |
Filing 14 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 Reona J. Daly for further proceedings. Chief Judge Nancy J. Rosenstengel no longer assigned to the case. All future documents must bear case number 23-3301-RJD. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 13 RESPONSE to #5 Order,,,,,,, filed by Robert Morris. (kare) |
Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (tkm) |
Filing 11 ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #10 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $15.78. 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 11/7/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 10 Prisoner Trust Fund Account Statement by Robert Morris. (kare) |
Filing 9 Letter from Plaintiff to the Court. (jaj) |
Filing 8 MOTION for Leave to Proceed in forma pauperis by Robert Morris. (jaj) |
Filing 7 MOTION to Compel by Robert Morris. (jaj) |
Filing 6 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 11/6/2023 (kare) |
Filing 5 ORDER: On 10/6/2023, this case was severed from Morris v Rowland et al, SDIL Case No. 23-cv-1162-DWD. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay an additional $402.00 filing fee in this case ($350.00 if he is granted leave to proceed in forma pauperis). Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until 11/11/2023 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, he should also send the $402.00 filing fee, or a motion and affidavit for leave to proceed to in forma pauperis (along with the required certification and Trust Fund statement). After the fee status is resolved, the Court will screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. Signed by Chief Judge Nancy J. Rosenstengel on 10/6/2023. (jaj) |
Filing 4 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 10/6/2023. Consent due by 10/27/2023 (jaj) |
Filing 3 MEMORANDUM AND ORDER - Initial Review of 23-1162-DWD. Signed by Judge David W. Dugan on 10/6/2023. (jaj) |
Filing 2 COMPLAINT against Dr. Meyers filed by Robert Morris.(jaj) |
Filing 1 MEMORANDUM AND ORDER SEVERING CASE 23-1162-DWD. Signed by Judge David W. Dugan on 10/6/2023. (jaj) |
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Plaintiff: Robert Morris | |
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Defendant: Dr. Meyers | |
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