Burns v. Galloway et al
| Shaune Burns |
| Galloway, Hughes and Il Dept Of Corrections |
| 3:2024cv00528 |
| February 26, 2024 |
| 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 April 19, 2024. A more recent docket listing may be available from PACER.
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Filing 18
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $23.91. Plaintiff is ORDERED to pay the initial partial filing fee of $23.91 within FOURTEEN DAYS of the entry of this Order (on or before May 3, 2024). This payment 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. Additionally, because Plaintiff is no longer detained or incarcerated, he must pay the remaining balance of the $350 filing fee ($326.09) or file an updated motion to proceed IFP with regard to the balance within FOURTEEN DAYS of the entry of this Order (on or before May 3, 2024). Robbins v. Switzer, 104 F.3d 895, 899 (7th Cir. 1997). The Clerk is DIRECTED to send Plaintiff a blank Motion for Leave to Proceed IFP form along with a copy of this Order. Plaintiff is WARNED that failure to comply with this Order will result in the dismissal of this case under Federal Rule of Civil Procedure 41(b). Signed by Chief Judge Nancy J. Rosenstengel on 4/19/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
ORDER granting #16 Motion for Extension of Time. Plaintiff asks for additional time to obtain the consents of the defendants to proceed before the magistrate judge. Plaintiff only needs to note on the form whether he consents to magistrate judge jurisdiction. He does not need to obtain any other party's consent. To the extent that Plaintiff requests additional time to provide financial documents, his request is denied as moot. Plaintiff already has a motion to proceed in forma pauperis pending and the Court does not require any additional financial documentation at this time. Consent now due 5/10/2024. Signed by Chief Judge Nancy J. Rosenstengel on 4/19/2024. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Show Cause Response Regarding Consent due by 5/10/2024. (anp) |
| Filing 16 MOTION for Extension of Time by Shaune Burns. (kare) |
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Filing 15
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Burns 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, Burns 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 4/16/2024. Signed by Chief Judge Nancy J. Rosenstengel on 4/2/2024. (tjk)
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| Filing 14 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 3/26/2024 (jaj) |
| Filing 13 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 2/26/2024. Consent due by 3/18/2024 (kare) |
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Filing 12
NOTICE AND ORDER: This Court has received your complaint and your motion to proceed without prepayment of the filing fee from the Northern District of Illinois, previously assigned case number: 1:24-cv-00187. Your new case number is 24-cv-00528-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 2/26/2024. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 Case transferred in from District of Illinois Northern; Case Number 1:24-cv-00187. Original file certified copy of transfer order and docket sheet received. |
| Filing 10 TRANSFERRED to the Southern District of Illinois at Benton the electronic record.(nsf, ) [Transferred from Illinois Northern on 2/26/2024.] |
| Filing 9 ENTERED JUDGMENT(nsf, ) [Transferred from Illinois Northern on 2/26/2024.] |
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Filing 8
ORDER: This action is transferred to the United States District Court for the Southern District of Illinois at Benton forthwith for imposition of a filing fee and whatever other action the transferee court deems appropriate. The case and all pending motions are terminated on this Court's docket. Signed by the Honorable Jorge L. Alonso on 2/23/2024. Mailed notice (nsf, ) [Transferred from Illinois Northern on 2/26/2024.]
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| Filing 7 AFFIDAVIT of Robert Cowart (smb, ) [Transferred from Illinois Northern on 2/26/2024.] |
| Filing 6 MOTION by Plaintiff Shaune Burns for attorney representation MOTION by Plaintiff Shaune Burns to have mail sent to friend's home Notice of Address Change (Envelope postmarked 1/25/24) (smb, ) Modified on 2/8/2024 (smb, ). [Transferred from Illinois Northern on 2/26/2024.] |
| CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Direct assignment. (Civil Category 3). (nsf, ) [Transferred from Illinois Northern on 2/26/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (nsf, ) [Transferred from Illinois Northern on 2/26/2024.] |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to plaintiff. (nsf, ) [Transferred from Illinois Northern on 2/26/2024.] |
| Filing 5 PRO SE Appearance by Plaintiff Shaune Burns. (nsf, ) [Transferred from Illinois Northern on 2/26/2024.] |
| Filing 4 MOTION by Plaintiff Shaune Burns for attorney representation. (nsf, ) [Transferred from Illinois Northern on 2/26/2024.] Modified on 2/26/2024 (kare). |
| Filing 3 APPLICATION by Plaintiff Shaune Burns for leave to proceed in forma pauperis. (nsf, ) [Transferred from Illinois Northern on 2/26/2024.] Modified on 2/26/2024 (kare). |
| Filing 2 PRISONER CIVIL Cover Sheet. (nsf, ) [Transferred from Illinois Northern on 2/26/2024.] |
| Filing 1 RECEIVED Complaint and 0 copies by Shaune Burns. (Exhibits) (nsf, ) [Transferred from Illinois Northern on 2/26/2024.] |
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