Annamalai v. BOP et al
| Annamalai Annamalai and Swamiji Sri Selvam Siddhar |
| BOP, USA, S Holem, Daniel Sproul, Nathan Simpkins, Stacey Byrum, S. Wallace, Leslie Brooks, Hottess, Colette Peters, Randall Pass, Annabell Fields, Warden Emmerich and John Doe 1-10 |
| 3:2024cv01207 |
| May 2, 2024 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. ยง 1346 Tort Claim |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 Initial Prisoner Filing Fee: $ 150.00 received, receipt number 9931 (clw) |
| Filing 10 Verified and Amended RESPONSE to 7 Show Cause Order filed by Annamalai Annamalai. (jaj) |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 8 NOTICE of Paying his Fees in Full for this Action by Annamalai Annamalai (jaj) |
Filing 7
ORDER: Plaintiff commenced this action the same day he voluntarily dismissed Annamalai v. Federal Bureau of Prisons, et al., Case No. 24-cv-1154-JPG (S.D. Ill. vol. dismissed. May 2, 2024). Both cases involve virtually the same Complaint, same claims, and same defendants. Plaintiff paid no filing fee and filed no motion for leave to proceed in forma pauperis (IFP) in either case. Moreover, he cannot proceed IFP here because he "struck out" by filing three or more civil suits as a prisoner that were dismissed as being frivolous, malicious, or for failure to state a claim, and he has not established that he faces imminent danger of serious physical injury as a result of any claims arising in this District. 28 U.S.C. 1915(e). Before proceeding with this case, Plaintiff must therefore pay the $405.00 filing fee for this action. But, that is not all. Pursuant to Rule 41(d) of the Federal Rules of Civil Procedure, "[i]f a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the Court: (1) may order the plaintiff to pay all or part of the costs of that previous action; and (2) stay proceedings until the plaintiff complies." On or before May 20, 2024, Plaintiff is hereby ORDERED TO SHOW CAUSE why he should not be assessed and required to prepay a $405.00 filing fee for both cases, in the total amount of $810.00, before this action is screened under 28 U.S.C. 1915A. Plaintiff's #2 Motion for Preliminary Injunction and/or Temporary Restraining Order is denied because he is no longer housed at a facility in this federal judicial district and has neither alleged nor suggested that he will return and face the same conditions at a facility located in this District. The Court DEFERS screening of this case until the filing fee issue is resolved. If Plaintiff wishes to avoid payment of these filing fees, he may file a motion for voluntary dismissal of this action by the same deadline, and the court will close this case without the assessment of a filing fee at this time. Response due May 20, 2024. Signed by Judge J. Phil Gilbert on 5/6/2024. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Show Cause Response due by 5/20/2024. (adh) |
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Filing 6
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 24-1207-JPG. 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 J. Phil Gilbert on 5/2/2024. (jaj)
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| Filing 5 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 5/2/2024. Consent due by 5/23/2024 (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 4 MOTION for Service of Process at Government Expense by Annamalai Annamalai. (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Annamalai Annamalai. (jaj) |
| Filing 2 MOTION for Preliminary Injunction and/or Restraining Order by Annamalai Annamalai. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Annamalai Annamalai.(jaj) |
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