Anderson v. Doe 1 et al
| Juan V Anderson |
| Jane Doe 1, Charles J Karisch, John Doe 1, Jane Doe 2 and John Doe 2 |
| 3:2023cv03559 |
| November 2, 2023 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
Docket Report
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Filing 7
ORDER DISMISSING #1 Complaint without prejudice. Plaintiff must file a First Amended Complaint, update his address, prepay the $402.00 filing fee or file an IFP motion, and file his Notice and Consent/Non-Consent Form by January 11, 2024. Failure to do so will result in dismissal of the action. See attached Order for details. Signed by Judge J. Phil Gilbert on 12/22/2023. (jsy)
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| Filing 6 Mail Returned as Undeliverable. Document 4 and 2241 and 2254 forms sent to Juan Anderson (jaj) |
| Filing 5 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 12/6/2023 (kare) |
| Set/Reset Deadlines: Action due by 12/2/2023. (kare) |
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Filing 4
ORDER: Plaintiff filed a #1 Complaint to challenge an extradition order recently entered against him, and to request freedom from extradition. (Doc. 1). Plaintiff commenced this action under 28 U.S.C. 1331 and 42 U.S.C. 1985 without prepaying the $402 filing fee or submitting a Motion for Leave to Proceed In Forma Pauperis (IFP Motion). A person resisting an extradition must seek a writ of habeas corpus and may also request a stay of extradition while his petition for a writ is considered. See, e.g., DeSilva v. DiLeonardi, 181 F.3d 865 (7th Cir. 1999); In re Assarsson, 635 F.2d 1237 (7th Cir. 1980). The Court lacks authority to stay or overturn the extradition order herein or convert this action to a habeas proceeding. See Copus v. City of Edgerton, 96 F.3d 1038 (7th Cir. 1996). Therefore, on or before DECEMBER 2, 2023, Plaintiff must: (a) notify the Court, in writing, if he would like to proceed with this action under 28 U.S.C. 1331 and 42 U.S.C. 1985; AND (b) prepay the $402 filing fee or submit an IFP Motion by the same deadline. If he does not wish to proceed, Plaintiff should simply file a motion to voluntarily dismiss this case by the same deadline. Failure to comply with this Order shall result in dismissal of this action after this deadline expires. See Fed. R. Civ. P. 41. The Clerk's Office is DIRECTED to SEND Plaintiff blank Petitions for Writ or Habeas Corpus Under 28 U.S.C. 2241 and 2254, along with a copy of this Order. Signed by Judge J. Phil Gilbert on 11/3/2023. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 23-3559-JPG. 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 fourteen 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 J. Phil Gilbert on 11/2/2023. (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 11/2/2023. Consent due by 11/27/2023 (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Juan V Anderson.(jaj) |
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