Brown v. Ottensmeier et al
| Kenyatta Brown |
| Marcelus Ottensmeier, Devin McKinney, Jessica Huffman, Justin Frazer, Nathan McCarthy, Sarah Wooley, Lucas Bohnert, Jerod Schanz, Doe 1, Doe 2, Joshua Schoenbeck, Doe 3, Riker, Hood, Anthony Wills, Rob Jeffreys, Doe 4, Doe 5, Doe 6, Doe 7, Timothy Weaver, Sandy Walker, Robbin, Corey Lauer and Assistant Warden Reichert |
| 3:2023cv04057 |
| December 28, 2023 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 NOTICE of Change of Address by Kenyatta Brown (jaj) |
Filing 15
ORDER RE: #12 Motion to Address the Court and #13 Motion of Advisory. In both motions, Plaintiff seeks no relief. He simply sets forth his reasons for filing other documents with the Court. The Court appreciates Plaintiff's attention to this matter. However, Plaintiff should REFRAIN from filing "motions" that seek no court action and offer nothing more than commentary. Reviewing these documents wastes precious judicial time and resources. Signed by Judge Staci M. Yandle on 1/26/2024. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 AMENDED COMPLAINT against Doe 1, Doe 2, Doe 3, Jessica Huffman, Devin McKinney, Marcelus Ottensmeier, Assistant Warden Reichert, Joshua Schoenbeck, Sarah Wooley, filed by Kenyatta Brown.(jaj) |
| Filing 13 MOTION of Advisory by Kenyatta Brown. (jaj) |
| Filing 12 MOTION to Address the Court by Kenyatta Brown. (jaj) |
| Filing 11 NOTICE (POSSIBLE) of Change of Address by Kenyatta Brown (jaj) |
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Filing 10
ORDER DISMISSING #1 Complaint and DENYING #2 Motion for Preliminary Injunction without prejudice. Plaintiff is granted leave to file a First Amended Complaint by February 8, 2024. To facilitate his compliance with this Order, the Clerk of Court is DIRECTED to mail Plaintiff a civil rights complaint form. Signed by Judge Staci M. Yandle on 1/11/2024. (jsy)
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| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing fee: $ 405.00, receipt number 7064 (djw) |
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Filing 8
ORDER: Plaintiff's Motion for Recruitment of Counsel (Doc. #4 ) is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court conducts a preliminary review of the Complaint under 28 U.S.C. 1915A, which requires the Court to screen prisoner Complaints to filter out nonmeritorious claims. 28 U.S.C. 1915A(a). Given the early stage of the litigation, it is difficult to accurately evaluate the need for assistance of counsel, so the recruitment of counsel would be premature. See Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013) ("[U]ntil the defendants respond to the complaint, the plaintiff's need for assistance of counsel... cannot be gauged."). If Plaintiff's Complaint survives Section 1915A review, and he encounters difficulties in self-representation as this case proceeds, he may refile his motion seeking recruitment of counsel. If he chooses to renew his request, he should submit rejection letters from at least 3 attorneys to demonstrate that he has made reasonable efforts to obtain counsel on his own. Signed by Judge Staci M. Yandle on 1/3/2024. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 7
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #3 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from Brown's affidavit that he is indigent. Plaintiff's trust fund account balance as of December 13, 2023 was $2,453.90 (Doc. #3 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Plaintiff shall pay the $405.00 filing fee no later than February 2, 2024. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Signed by Judge Staci M. Yandle on 1/3/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 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 12/28/2023. Consent due by 1/18/2024 (kare) |
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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 23-4057-SMY. 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.. 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 Judge Staci M. Yandle on 12/28/2023. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 MOTION for Recruitment of Counsel by Kenyatta Brown. (kare) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Kenyatta Brown. (kare) |
| Filing 2 MOTION for Preliminary Injunction by Kenyatta Brown. (kare) |
| Filing 1 COMPLAINT against All Defendants, filed by Kenyatta Brown. (Attachments: #1 Affidavit, #2 Letter, #3 Exhibit, #4 Exhibit)(kare) |
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