Wizinsky v. Brooks et al
| John Wizinsky |
| Randall Pass, Gibbs, Leslee Brooks, Hughes, Abdin, Jeanne Hamblin and Bryant McGee |
| 3:2024cv02403 |
| October 31, 2024 |
| U.S. District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2024. A more recent docket listing may be available from PACER.
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Filing 14
ORDER to File Amended Pleading: Plaintiff's Complaint is insufficient to state a claim. He shall have 30 days to file an amended pleading. The Clerk of Court is DIRECTED to send Plaintiff a civil rights template. Amended Pleadings due by 1/10/2025. Signed by Judge David W. Dugan on 12/11/2024. (kgk)
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| Filing 13 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 12
ORDER Directing Monthly Payments be made from Prison Account of John Wizinsky, Granting #9 MOTION for Leave to Proceed in forma pauperis filed by John Wizinsky. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiffs signed consent form, the Clerk shall mail a copy of this Memorandum and Order and an executed copy of the consent form to the Warden at Butner Medium II FCI Federal Correctional Institution, as well as e-mail a copy of this Memorandum and Order and an executed copy of the consent form to the Trust Fund Management Staff at Butner Medium II FCI Federal Correctional Institution.. Signed by Judge David W. Dugan on 11/25/2024. (mamo)
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Filing 11
ORDER The Court has received your motion to proceed without prepayment of the filing fee. 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. 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 David W. Dugan on 11/25/2024. (mamo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by John Wizinsky. (jaj) |
| Filing 8 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. 386, Plaintiff shall return the form within 7 days or face possible sanctions. Consent due by 12/2/2024 (jaj) |
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Filing 7
This Court has received your complaint from the Northern District of Illinois, previously assigned case number: 24-10770. Your new case number is 24-2403-DWD. 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 David W. Dugan on 10/31/2024. (jaj)
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| Filing 6 NOTICE FROM CLERK Instructing Plaintiff 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 Plaintiff on 10/31/2024. Consent due by 11/21/2024 (jaj) |
| Filing 5 Case transferred in from District of Illinois Northern; Case Number 1:24-cv-10770. Original file certified copy of transfer order and docket sheet received. |
| Filing 4 TRANSFERRED to the USDC Southern District of Illinois, East St. Louis Division the electronic record. (jcc, ) [Transferred from Illinois Northern on 10/31/2024.] |
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Filing 3
ORDER: The Clerk of the Court is directed to transfer this action forthwith to the United States District Court for the Southern District of Illinois, East St. Louis Division, for review of Plaintiff's initial pleadings and any other action deemed appropriate. The case and all pending motions are terminated on this Court's docket. Signed by the Honorable Franklin U. Valderrama on 10/29/2024. Mailed notice. (jcm) [Transferred from Illinois Northern on 10/31/2024.]
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| MAILED Clerk's Notice Pursuant to Local Rule 73.1(b) and blank consent form to John Wizinsky. (evw, ) [Transferred from Illinois Northern on 10/31/2024.] |
| 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. (evw, ) [Transferred from Illinois Northern on 10/31/2024.] |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable David M. Weisman. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (Civil Category 3). (evw, ) [Transferred from Illinois Northern on 10/31/2024.] |
| Filing 2 PRISONER CIVIL Cover Sheet. (evw, ) [Transferred from Illinois Northern on 10/31/2024.] |
| Filing 1 RECEIVED Complaint and no copies by John Wizinsky (Exhibits) (Envelope not postmarked, institution mail room stamped 9/26/2024) (Received by mail in the Clerk's Office on 10/9/2024) (Received for docketing on 10/18/2024) (evw, ) [Transferred from Illinois Northern on 10/31/2024.] |
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