Fletcher-Bey v. Doe 2 et al
| Antonio D. Fletcher-Bey |
| John Doe 2 and John Doe 3 |
| 3:2024cv00230 |
| January 31, 2024 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
ORDER re #16 Final Plea for Intervention filed by Antonio D. Fletcher-Bey. On 3/22/2024, the Court received a notice from Plaintiff. The notice describes three assaults by guards, including an assault that allegedly occurred on March 11, 2024. The allegations in Plaintiff's motion are not the subject of this lawsuit. This case involves a claim for excessive force that occurred in May 2023. There is no indication in the new filing that the officers involved in this most recent assault were involved in the May 2023 incident. Thus, to the extent Plaintiff seeks relief regarding this new assault, he would have to file a new case. To the extent he seeks any relief in this case for this new claim, his request is DENIED. Signed by Chief Judge Nancy J. Rosenstengel on 3/22/2024. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 16 FINAL Plea for Intervention by Antonio D. Fletcher-Bey. (jaj) |
| Filing 15 NOTICE OF MODIFICATION re #14 Letter. Corrected who the letter was from not Dujane Nelson but from Vashawn Williams. No further action is required by the filer in relation to this notification. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 Letter from Vashawn Williams (kare) Modified on 3/19/2024 (kare). |
|
Filing 13
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #6 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $23.72. 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 3/11/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 12
ORDER: Now that Plaintiff has opted to proceed with this action, the Court will review the complaint to identify claims and defendants and to dismiss any legally insufficient claims. See 28 U.S.C. 1915A. The Court will conduct this review within the next 60 days. The Court will then inform Plaintiff of the findings in a Merit Review Order. No other action will be taken in the case during this time, absent extraordinary circumstances. Therefore, Plaintiff need not submit any evidence, argument, motions, or documents. If Plaintiff does not receive a Merit Review Order within the next 60 days, he may file a motion requesting the status of the case. The Court will not consider a status motion at any time prior to the 60-day deadline. If Plaintiff has filed a motion for recruitment of counsel, it will not be considered until the complaint is reviewed. In addition, any motion for recruitment of counsel must include evidence of Plaintiff's own efforts to find counsel such as a list of attorneys contacted and copies of letters sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If Plaintiff's claim(s) survive the merit review, the Court will send a Notice of Lawsuit and Waiver of Service Form to the appropriate defendant(s). This will be the first time the defendant(s) will be informed of the lawsuit. After a defendant signs the waiver and returns it, that defendant will then have 60 days to file an answer to the complaint. If a defendant does not return the completed waiver, the Court will follow up as necessary to complete service on that defendant. When all of the defendants have filed answers, the Court will enter a Scheduling Order containing important information on deadlines, discovery, and procedures. All requests for file-stamped copies of documents must be accompanied by a stamped, self-addressed envelope and an extra copy of the document to be filed-stamped and returned. The Clerk cannot photocopy documents for Plaintiff unless the copy fee of $0.50 per page is submitted in advance. Finally, Plaintiff must promptly notify the court in writing of any change of address. Failure to notify the court of a change in address could result in the dismissal of this case. Signed by Chief Judge Nancy J. Rosenstengel on 3/11/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 11 Prisoner Trust Fund Account Statement. (jaj) |
|
Filing 10
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #6 ), 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 7/1/2023 to 1/31/2024 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 Menard Correctional Center. (Trust Fund Statement due on or before 4/22/2024). Signed by Chief Judge Nancy J. Rosenstengel on 3/6/2024. (tjk)
|
| Filing 9 AMENDED COMPLAINT against John Doe 2, John Doe 3, filed by Antonio D. Fletcher-Bey.(kare) |
| Filing 8 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned Chief District Judge Nancy J. Rosenstengel. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj) |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Antonio D. Fletcher-Bey. (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 2/28/2024 (jaj) |
|
Filing 4
ORDER: On January 31, 2024, this case was severed from Fletcher-Bey v. Dearmond, et al, SDIL Case No. 23-cv-3514-NJR. 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 $402.00 filing fee in this case ($350.00 if he is granted leave to proceed in forma pauperis). 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 March 7, 2024 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, he should also send the $402.00 filing fee, or a motion and affidavit for leave to proceed to in forma pauperis (along with the required certification and Trust Fund statement). After the fee status is resolved, the Court will 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 3/7/2024.). Signed by Chief Judge Nancy J. Rosenstengel on 2/1/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| 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 1/31/2024. Consent due by 2/21/2024 (kare) |
| Filing 2 COMPLAINT against John Doe 2, John Doe 3, filed by Antonio D. Fletcher-Bey.(kare) |
|
Filing 1
Memorandum and Order Severing case 23-cv-3514-NJR. Signed by Chief Judge Nancy J. Rosenstengel on 1/31/2024. (kare)
|
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.
