Townsend v. Doe 1 et al
| Joeseph Townsend |
| John Doe 1, John Doe 2, James D. Vaughn, John Doe 3, Mr. Buford, Mr. Horn, Lucas S. Levanti, Jerry D. Johnson, Jr., Seth D. Questermous, John Doe 4, John Doe 5, Mr. Banks, Mr. Johnson, Eric Young, Andrew L. Miles, Joshua Dubree, Daniel A. Noland, Mr. Dillman, Karl R. Bradford, Laresha D. Reed, Cal Johnson, Mr. Gouche and Lt. Sullivan |
| 3:2024cv01058 |
| April 8, 2024 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.
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Filing 6
ORDER DISMISSING CASE: On April 19, 2024, Plaintiff filed a #5 Request/Response to Voluntarily Dismiss Case. Plaintiff states that he did not intend to file the Complaint on April 8, 2024. The Complaint has not been screened under 28 U.S.C. 1915A. Defendants have not been served with this lawsuit or answered. Therefore, Plaintiff's request for voluntary dismissal of this suit "effected the immediate dismissal of the suit." See Fed. R. Civ. P. 41(a)(1)(A)(i); Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011); Smith v. Potter, 513 F.3d 781, 782 (7th Cir. 2008). No additional action remains for the undersigned Judge to take. The request for voluntary dismissal of this case is GRANTED, and this case is considered DISMISSED without prejudice and without the assessment of a filing fee. The Clerk's Office is DIRECTED to SEND Plaintiff a courtesy copy of the docket sheet and Complaint, along with this Order. Signed by Judge Staci M. Yandle on 4/19/2024. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 RESPONSE to 4 Order, filed by Joeseph Townsend. (tkm) |
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Filing 4
ORDER: Plaintiff filed this civil rights action pursuant to 42 U.S.C. 1983 on April 8, 2024, for constitutional deprivations that allegedly occurred in 2023-24. In the #1 Complaint, Plaintiff states that he filed suit while his grievance appeals were still pending. (Doc. 1, pp. 9-10). The Prison Litigation Reform Act (PLRA) requires a prisoner-plaintiff to exhaust all of his available administrative remedies properly and completely BEFORE bringing suit in federal court. 42 U.S.C. 1997e(a). A plaintiff cannot file suit first and exhaust later. Id. Although failure to exhaust is usually an affirmative defense, a complaint fails to state a claim upon which relief may be granted and is subject to dismissal when it is clear that a plaintiff has not exhausted his available remedies. Jones v. Bock, 549 U.S. 199, 214-15 (2007); Walker v. Thompson, 288 F.3d 1005, 1009-10 (7th Cir. 2002) ("[T]he existence of a valid affirmative defense is so plain from the face of the complaint that suit can be regarded as frivolous."). In light of this, Plaintiff should decide whether to proceed with his Complaint (Doc. 1) in this case or withdraw it and file a new suit after exhausting all available remedies (but before the 2-year statute of limitations for his claim(s) expires). Plaintiff shall ADVISE the Court, in writing, of his decision to proceed with the Complaint herein or file a Motion to Voluntarily Dismiss this action without prejudice no later than May 8, 2024. If he chooses to proceed, Plaintiff shall submit the $405.00 filing fee or a properly completed motion to proceed in forma pauperis (IFP motion) by the same deadline of May 8, 2024, or this case will be dismissed. See Fed. R. Civ. P. 41. Signed by Judge Staci M. Yandle on 4/9/2024. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Action due by 5/8/2024, Plaintiff to advise if he is proceeding with case and filing fee/IFP due. (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 4/8/2024. Consent due by 4/29/2024 (kare) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 24-1058-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 4/8/2024. (kare)
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| Filing 1 COMPLAINT against All Defendants, filed by Joeseph Townsend.(kare) |
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