Morris v. Borwick et al
| Barry Morris |
| John Borwick, P. Myers and Illinois Department of Corrections |
| 3:2024cv01470 |
| June 10, 2024 |
| U.S. District Court for the Southern District of Illinois |
| Mark A Beatty |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 15, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 CLERK'S JUDGMENT. Approved by Magistrate Judge Mark A. Beatty on 7/15/2024. (scm) |
Filing 27
ORDER GRANTING #26 Motion to Voluntarily Dismiss and DISMISSING CASE. Plaintiff filed #26 Motion to Voluntarily Dismiss, seeking to dismiss this action and proceed with his related action in Case No. 24-cv-1649-SMY. Although filed as a motion to dismiss, the Court construes Plaintiff's filing as a notice of voluntary dismissal based upon the language therein (see Doc. 26). Because Defendants have not yet filed an answer or a motion for summary judgment, Plaintiff's notice is effective immediately upon filing and does not require judicial approval. See Nelson v. Napolitano, 657 F.3d 586 (7th Cir. 2011). Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(1), this action is DISMISSED without prejudice. The Clerk of Court is DIRECTED to enter judgment and close this case on the Court's docket. Signed by Magistrate Judge Mark A. Beatty on 7/15/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 26 MOTION to Voluntarily Dismiss by Barry Morris. (jaj) |
| Filing 25 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 24-cv-1470-MAB. Any District Judge previously assigned will no longer be assigned to this case. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 24 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Collum, Christopher) Modified on 7/11/2024 (jle). |
| Filing 23 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Tandy, Hazel) |
| Filing 22 DEMAND for Trial by Jury by P. Myers. (Tandy, Hazel) |
| Filing 21 NOTICE of Appearance by Hazel Tandy on behalf of P. Myers (Tandy, Hazel) |
| Filing 20 NOTICE of Appearance by Timothy P. Dugan on behalf of P. Myers (Dugan, Timothy) |
| Filing 19 NOTICE FROM CLERK Instructing John Borwick & Illinois Department of Corrections to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 386, 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 John Borwick & Illinois Department of Corrections on 7/3/2024. Consent due by 7/24/2024. (jle) |
| Filing 18 NOTICE of Appearance by Christopher Collum on behalf of John Borwick, Illinois Department of Corrections (Collum, Christopher) |
|
Filing 17
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $25.83. 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 Pinckneyville Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 7/2/2024. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 16 WAIVER OF SERVICE Returned Executed as to Myers. (tjk) |
| Filing 15 WAIVER OF SERVICE Returned Executed as to Borwick. (tjk) |
| Filing 14 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 13 WAIVER OF SERVICE Returned Executed as to IDOC. (tjk) |
| Filing 12 REQUEST FOR WAIVER of Service sent to DR. P. MYERS, ILLINOIS DEPARTMENT OF CORRECTIONS, and JOHN BORWICK on 6/24/2024. Waiver of Service due by 7/24/2024. (tjk) |
|
Filing 11
HIPAA Qualified Protective Order. Signed by Judge Staci M. Yandle on 6/21/2024. (jaj)
|
|
Filing 10
ORDER DENYING #7 Motion for Leave to File First Amended Complaint. The proposed amendment seeks to add allegations and claims that supplement the existing Complaint. However, the Court will not accept piecemeal amendments. All claims against all defendants must be set forth in a single document because an amended complaint supersedes and replaces the original complaint and renders the prior version void. See Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). If Plaintiff wishes to file an amended complaint, he must do so in accordance with the deadlines and instructions in the scheduling and discovery order that will be entered in this case after it is served on the defendants and they answer. Signed by Judge Staci M. Yandle on 6/20/2024. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 9
ORDER FOR SERVICE OF PROCESS on DR. P. MYERS, ILLINOIS DEPARTMENT OF CORRECTIONS, and JOHN BORWICK (official capacity). Plaintiff's #1 Motion for Temporary Restraining Order and #3 Motion for Appointment of Counsel are DENIED. The Clerk of Court is DIRECTED to RE-LABEL the Motion for Temporary Restraining Order (Doc. 1) as a Complaint in CM/ECF; ADD the ILLINOIS DEPARTMENT OF CORRECTIONS and JOHN BORWICK (official capacity) as Defendants in CM/ECF; and ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The #1 Complaint survives preliminary review pursuant to 28 U.S.C. 1915A. COUNT 1 will proceed against MYERS, and COUNT 3 will proceed against IDOC and JOHN BORWICK (official capacity). See attached Order for details. Signed by Judge Staci M. Yandle on 6/20/2024. (jsy)
|
| Filing 8 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #6 Consent/Non-Consent to US Magistrate Judge. The Clerks Office received your Consent to Proceed Before a Magistrate Judge Jurisdiction form. The form is incomplete. Your signature was absent from the form. Therefore, the pleading is STRICKEN. Please refile completed document. Another form is attached to this notice. Please note that, pursuant to the Courts prior Order, the deadline for submitting this form is 7/2/2024. (kare) |
| Filing 7 MOTION for Leave to File by Barry Morris. (Attachments: #1 Proposed First Amended Complaint)(kare) (Main Document 7 replaced on 6/17/2024) (jlh). |
| Filing 6 STRICKEN - CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) Modified on 6/18/2024 (kare). |
| Filing 5 Letter from USDC/SDIL to Plaintiff informing him of case number. (jaj) |
| Filing 4 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 6/11/2024. Consent due by 7/2/2024 (jaj) |
| Filing 3 MOTION to Appoint Counsel by Barry Morris. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Barry Morris. (jaj) |
| Filing 1 COMPLAINT filed by Barry Morris. (Attachments: #1 Part 2, #2 Scanning cover sheet)(jaj) Modified on 6/20/2024 (jle). |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. 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.
