Miles v. Mitchell et al
| Billy Miles |
| David W Mitchell, S Brown, C Hale, Adewale Kuforiji and Rob Jeffreys |
| 3:2023cv03579 |
| November 2, 2023 |
| US District Court for the Southern District of Illinois |
| 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 March 28, 2024. A more recent docket listing may be available from PACER.
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Filing 14
ORDER granting in part #13 Motion for Extension of Time to File Amended Complaint. Plaintiff indicates that he is currently in segregation without the necessary supplies to submit an amended pleading. He seeks additional time after his segregation release date of 12/27/2023 to submit amended complaints. Plaintiff is granted additional time to submit an amended pleading. Amended Complaint now due January 26, 2024. The Court DENIES Plaintiffs request for a Court Order for library access to draft his pleadings. Plaintiff has additional time after his release date from segregation to draft his pleadings.. Signed by Chief Judge Nancy J. Rosenstengel on 12/20/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Amended Pleadings due by 1/26/2024. (jaj) |
| Filing 13 MOTION for Extension of Time to File Amended Complaint by Billy Miles. (jaj) |
| Filing 12 RESPONSE to #9 Order re: contacting attorneys for representation filed by Billy Miles(jaj) |
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Filing 11
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Miles was previously directed to file the attached form indicating consent to proceed before the Magistrate Judge or an affirmative declination to consent. The time for doing so has long passed, and in spite of a warning and additional time to do so, said party continues to ignore the Court's directive by not returning the form. Thus, Miles is ordered to SHOW CAUSE why sanctions should not be imposed for failure to file the attached form as is required under Administrative Order No. 257. Show Cause Response re Consent due by 12/26/2023. Signed by Chief Judge Nancy J. Rosenstengel on 12/12/2023. (tjk)
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| Filing 10 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 12/5/2023 (kare) |
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Filing 9
ORDER DISMISSING without prejudice #1 Complaint filed by Billy Miles, DENYING #3 MOTION for Recruitment of Counsel filed by Billy Miles. Amended Pleadings due by 12/18/2023. Signed by Chief Judge Nancy J. Rosenstengel on 11/20/2023. (anp)
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Filing 8
ORDER FINDING AS MOOT #7 Motion for Response. To the extent Plaintiff indicates that the Court opened a duplicate case, the Court has already administratively closed the case. See Miles v. Mitchell, et al., Case No. 23-cv-3581-NJR (Doc. 6) (closed Nov. 8, 2023). To the extent Plaintiff submits his trust fund account statement, the Court already received the statement and ruled on his motions to proceed in forma pauperis in his pending cases. Finally, to the extent Plaintiff seeks 50 Section 1983 Complaint forms and other form motions, the Court DENIES as moot Plaintiffs request. The Court recently mailed complaint forms to Plaintiff. Signed by Chief Judge Nancy J. Rosenstengel on 11/14/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION for Response by Billy Miles. (jaj) |
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Filing 6
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 $1.77. 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 11/9/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 23-3579-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 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 Chief Judge Nancy J. Rosenstengel on 11/3/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| 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 11/3/2023. Consent due by 11/27/2023 (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Billy Miles. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Billy Miles. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Billy Miles.(jaj) |
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