Knox v. Melissa et al
Ted Knox |
Nurse Melissa, A. Crain and Joleen Kuhnert |
3:2024cv00116 |
January 17, 2024 |
US District Court for the Southern District of Illinois |
David W Dugan |
Prison Condition |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 7 ORDER: Plaintiff's Motion to Voluntarily Dismiss (Doc. 6) is GRANTED, and his Motion to Proceed IFP (Doc. 2) is denied as MOOT. Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), this case is eligible for voluntary dismissal without further action by the Court because Plaintiff seeks dismissal before the opposing party has answered or filed any other dispositive motion. This case contains a single retaliation claim, which was severed from another lawsuit that Plaintiff filed (Knox v. Bebout, et al. 23-cv-1759-GCS). Plaintiff was invited to inform the Court if he wished to proceed with the severed claim, or if he would prefer to dismiss it. (Doc. 5). Plaintiff has opted to dismiss, so this case is voluntarily dismissed and no fee shall be collected. The Clerk of Court is DIRECTED to CLOSE this case. Signed by Judge David W. Dugan on 1/30/2024. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 6 MOTION to Voluntarily Dismiss This Case by Ted Knox. (kare) |
Filing 5 ORDER: On 1/17/2024, this case was severed from Knox v. Bebout, et al, SDIL Case No. 23-cv-1759-GCS. 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 $350.00 filing fee in this case. 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 2/22/2024, to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, the Court will assess an initial partial filing fee (if appropriate) and 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. (Action due by 2/22/2024). Signed by Judge David W. Dugan on 1/18/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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 1/17/2024. Consent due by 2/7/2024 (kare) |
Filing 3 MOTION for Leave to Proceed in forma pauperis by Ted Knox. (kare) |
Filing 2 COMPLAINT against A. Crain, Joleen Kuhnert, Nurse Melissa, filed by Ted Knox.(kare) |
Filing 1 MEMORANDUM AND ORDER Severing case 23-cv-1759-GCS. Signed by Magistrate Judge Gilbert C. Sison on 1/17/2024. (kare) |
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