Dida v. Hvarre
| Mohamed Dida |
| Kimberly Hvarre, Dr. Larson, Jane Doe, B. Wilson, Sergent Van Dyke and Lady Smith |
| 3:2024cv00132 |
| January 19, 2024 |
| US District Court for the Southern District of Illinois |
| Gilbert C Sison |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 AMENDED COMPLAINT against Kimberly Hvarre, Dr. Larson, Jane Doe, B. Wilson, Sergent Van Dyke, Lady Smith, filed by Mohamed Dida. (Attachments: #1 Supplement)(kare) |
Filing 14
ORDER: Counts 1-7 fail to state claims upon which relief may be granted for deliberate indifference to medical or dental needs. Counts 1-7 and the Complaint (Doc. #1 ) are DISMISSED without prejudice pursuant to 28 U.S.C. 1915A. Doc. #6 MOTION for Recruitment of Counsel is DENIED. If Plaintiff wishes to proceed with his claims, he SHALL FILE his First Amended Complaint on or before March 11, 2024. The Clerk of Court is DIRECTED to mail Plaintiff a civil rights complaint form. Signed by Magistrate Judge Gilbert C. Sison on 2/9/2024. (beb)
|
| Filing 13 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 Gilbert C. Sison for further proceedings. Judge Staci M. Yandle no longer assigned to the case. All future documents must bear case number 24-cv-132-GCS. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 Prisoner Trust Fund Account Statement. (kare) |
|
Filing 11
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #5 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $25.15. 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 Big Muddy River Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 2/6/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 10 Prisoner Trust Fund Account Statement. (kare) |
|
Filing 9
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #5 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 11/15/2023 to 1/18/2024 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. 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). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Big Muddy River Correctional Center. (Action due by 3/11/2024). Signed by Judge Staci M. Yandle on 1/24/2024. (tjk)
|
|
Filing 8
ORDER: The Court has received your motion to proceed without prepayment of the filing fee. 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. 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 1/24/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 6 MOTION for Recruitment of Counsel by Mohamed Dida. (kare) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Mohamed Dida. (kare) |
|
Filing 4
This Court has received your complaint from the Central District of Illinois, previously assigned case number: 24-1033. Your new case number is 24-132-SMY. Within 30 days of the entry of this Order, you are ORDERED to submit the $405.00 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 Staci M. Yandle on 1/19/2024. (jaj)
|
| Filing 3 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 1/19/2024. Consent due by 2/9/2024 (jaj) |
| Filing 2 Case transferred in from District of Illinois Central; Case Number 1:24-cv-01033. Original file certified copy of transfer order and docket sheet received. |
| Filing 1 COMPLAINT against All Defendants, filed by Mohamed Dida. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2)(KE) [Transferred from Illinois Central on 1/19/2024.] |
|
TEXT ORDER entered by Judge James E. Shadid on 1/18/2023. Plaintiff filed a Complaint #1 alleging violations of his constitutional rights under 42 U.S.C. Sec 1983. Venue for federal civil rights actions is governed by 28 U.S.C. Sec 1391(b). According to that statute, such actions may be brought only in (1) the judicial district where any defendant resides (if all defendants reside in the same State), (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. It appears that a substantial part of the events or omissions giving rise to the claims in this lawsuit occurred at Big Muddy Correctional Center located in Jefferson County, Illinois, which is situated in the federal judicial district of the Southern District of Illinois. See 28 U.S.C. Sec 93(c). The Court therefore finds that venue over this proceeding is in the Southern District of Illinois, and that it is in the interests of justice that this cause be transferred there. See 28 U.S.C. Sec 1404(a). No summons shall issue in this action unless directed by the transferee court. The Clerk is directed to transfer this case to the U.S. District Court for the Southern District of Illinois. (KE) [Transferred from Illinois Central on 1/19/2024.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
