Ausby v. Hughes et al

Plaintiff:	Emerald Ausby
Defendant:	Latoya Hughes, Anthony Wills, Tonya Knust and Jolene Klump
Case Number:	3:2024cv00758
Filed:	March 15, 2024
Court:	US District Court for the Southern District of Illinois
Presiding Judge:	Nancy J Rosenstengel
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Plaintiff

Docket Report

This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 29, 2024	Filing 9 ORDER DISMISSING CASE, GRANTING #8 MOTION to Dismiss filed by Emerald Ausby. Despite initially indicating that he wanted to pursue the severed claims, Plaintiff has now informed the Court that he does not wish to proceed with this case. He asks that his case be dismissed. Accordingly, this action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). This dismissal shall not count as a "strike" within the meaning of 28 U.S.C. 1915(g), and the record shall reflect that the filing fee is satisfied and no payments shall be collected from Plaintiff. Signed by Chief Judge Nancy J. Rosenstengel on 4/29/2024. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 26, 2024	Filing 8 MOTION to Dismiss by Emerald Ausby. (kare)
April 19, 2024	Filing 7 ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Ausby 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, Ausby 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 5/3/2024. Signed by Chief Judge Nancy J. Rosenstengel on 4/19/2024. (tjk)
April 5, 2024	Filing 6 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 4/12/2024 (jaj)
April 1, 2024	Filing 5 NOTICE by Emerald Ausby re 4 Order (kare)
March 18, 2024	Filing 4 ORDER: On March 15, 2024, this case was severed from Murphy, et al. v. Hughes, et al., SDIL Case No. 24-cv-349-SMY (Doc. #1 ). Plaintiff herein was named as a Co-Plaintiff in Case No. 24-cv-349-SMY, but he did not sign the Complaint (Doc. #2 ). Plaintiff is ORDERED to notify the Court in writing by April 17, 2024, whether he wishes to proceed with this severed lawsuit. If Plaintiff notifies the Court that he wants to voluntarily dismiss this case, or if he fails to respond by this deadline, he will not be assessed a filing fee and the case will be dismissed without prejudice. Alternatively, if Plaintiff chooses to proceed with this case, he must submit a signed Complaint setting forth his claims, by the deadline above. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the Complaint 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 the $405.00 filing fee for this case ($350.00 if he is granted leave to proceed in forma pauperis). Plaintiff should carefully consider these points, along with the merits of this lawsuit, in deciding whether to proceed with it. If he chooses to go forward, he should also send the $405.00 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. The Clerk of Court is DIRECTED to send Plaintiff a blank motion for leave to proceed in forma pauperis and trust fund certification. Action due by 4/17/2024. Signed by Chief Judge Nancy J. Rosenstengel on 3/18/2024. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 15, 2024	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 3/15/2024. Consent due by 4/5/2024 (kare)
March 15, 2024	Filing 2 COMPLAINT against All Defendants, filed by Emerald Ausby.(kare)
March 15, 2024	Filing 1 MEMORANDUM AND ORDER Severing case from 24-349-SMY. New case assigned 24-cv-758-NJR. Signed by Judge Staci M. Yandle on 3/14/2024. (kare)

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Plaintiff: Emerald Ausby
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Defendant: Latoya Hughes
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Defendant: Anthony Wills
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Defendant: Tonya Knust
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Defendant: Jolene Klump
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