Galbraith v. Ottey et al
| Dennis Galbraith |
| Ottey, Mike Miller, Butler and Darrell Tombs |
| 3:2024cv02482 |
| November 13, 2024 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 13, 2024. A more recent docket listing may be available from PACER.
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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 11/13/2024. Consent due by 12/4/2024 (kare) |
Filing 5
NOTICE AND ORDER: This Court has received your complaint and your motion to proceed without prepayment of the filing fee from the Central District of Illinois, previously assigned case number: 3:24-cv-03321. Your new case number is 24-2482-SPM.The following is some information you should know regarding the initial stages of your lawsuit. 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. 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 Stephen P. McGlynn on 11/13/2024. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 Case transferred in from District of Illinois Central; Case Number 3:24-cv-03321. Original file certified copy of transfer order and docket sheet received. |
| Filing 3 MOTION to Request Counsel by Plaintiff Dennis Galbraith. Responses due by 11/27/2024 (ANW) [Transferred from Illinois Central on 11/13/2024.] |
| Filing 2 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Dennis Galbraith.(ANW) [Transferred from Illinois Central on 11/13/2024.] |
| Filing 1 COMPLAINT against All Defendants, filed by Dennis Galbraith.(ANW) [Transferred from Illinois Central on 11/13/2024.] |
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TEXT ORDER entered by Senior Judge James E. Shadid on 11/13/2024. Plaintiff filed a Complaint #1 alleging violations of his constitutional rights under 42 U.S.C. 1983. Venue for federal civil rights actions is governed by 28 U.S.C. 1391(b). According to that statute, such actions may be brought only in (1) the judicial district where any defendant resides (if all defendants reside in the same State), (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. Plaintiff files suit against the Wayne County Sheriff and correctional officers employed by the Wayne County Sheriff's Department. (Doc. #1 at pp. 2-3). It appears that a substantial part of the events or omissions giving rise to the claims in this lawsuit occurred in Wayne County, Illinois, which is situated in the federal judicial district of the Southern District of Illinois. See 28 U.S.C. 93(c). The Court therefore finds that venue over this proceeding is in the Southern District of Illinois, and that it is in the interests of justice that this cause be transferred there. See 28 U.S.C. 1404(a). No summons shall issue in this action unless directed by the transferee court. The Clerk is directed to transfer this case to the U.S. District Court for the Southern District of Illinois.(ANW) [Transferred from Illinois Central on 11/13/2024.]
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