Sumner, Jr. v. French Village Fire Department et al
| Robert A. Sumner, Jr. and Katie Jessica Sharkey |
| French Village Fire Department, City of Fairview Heights, St. Clair County, Ameren Illinois, John Does 1-20, Fairview Heights Police Department, Tom Greene, Dallas Alley, AT&T Mobility LLC and Abbott EMS |
| 3:2025cv02090 |
| November 18, 2025 |
| U.S. District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on April 7, 2026. A more recent docket listing may be available from PACER.
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| Filing 26 CLERK'S JUDGMENT. Approved by Judge Nancy J. Rosenstengel on 4/7/2026. (dkb) |
| Filing 25 Letter from Robert Sumner, Jr.. (adh) |
Filing 24
NOTICE OF IMPENDING DISMISSAL. On February 17, 2026, the Court directed Plaintiffs to file an amended complaint by March 19, 2026. Rather than offering a compliant submission, Plaintiff Robert Sumner filed a motion for a temporary restraining order (Doc. 22). The Court now GRANTS Plaintiffs one final opportunity to file an amended complaint in compliance with Rule 10 of the Federal Rules of Civil Procedure. Plaintiffs' amended complaint is due on or before April 6, 2026. Failure to file an amended complaint will result in the dismissal of this case without prejudice for failure to prosecute. (Amended Pleadings due by 4/6/2026). Signed by Judge Nancy J. Rosenstengel on 3/23/2026. (dkb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 23
ORDER DENYING Plaintiff Robert Sumner's motion for a temporary restraining order (Doc. 22). To obtain a TRO, a plaintiff must set forth "specific facts in an affidavit or a verified complaint [to] clearly show that immediate or irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A). Injunctive relief, whether a temporary restraining order or preliminary injunction, is appropriate only if it addresses a matter presented in the underlying suit and seeks relief of the same character sought in the underlying suit. See Daniels v. Dumsdorff, No. 19-cv-394-NJR, 2019 WL 3322344, at *1 (S.D. Ill. July 24, 2019). Here, from what the Court can gather, it appears Sumner is detained at the St. Clair County Jail and he seeks, among other things, an order of release. But he does not describe any immediate or irreparable injury, loss, or damage that will result without injunctive relief. Moreover, issues related to Sumner's criminal case in St. Clair County appear unrelated to this action, which concerns a dispute over a piece of real estate. Accordingly, Sumner's motion for a temporary restraining order is DENIED. Signed by Judge Nancy J. Rosenstengel on 3/23/2026. (dkb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 22 MOTION for Temporary Restraining Order by Robert A. Sumner, Jr.. (adh) |
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Filing 21
ORDER DENYING #18 and #19 Plaintiffs' Motions for Recruitment of Counsel. When presented with a request to recruit counsel, the Court must make the following inquiries: (1) has the indigent plaintiff made a reasonable attempt to obtain counsel or effectively been precluded from doing so, and (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Plaintiffs claim they have spoken to numerous attorneys who have declined to represent them, but they have submitted no documentary evidence to support this claim. Plaintiffs have thus not satisfied the first Pruitt factor. Moreover, it would be premature to recruit counsel at this time. Today, the Court ordered Plaintiffs to file an amended complaint that properly invokes this Court's subject matter jurisdiction. Before the Court's subject matter jurisdiction is secure and service has been effected, the Court sees no need to recruit counsel. See Austin v. Hansen, 139 F.4th 604, 606 (7th Cir. 2025) (recognizing difficult of recruiting counsel for indigent litigants). Accordingly, the Court declines to recruit counsel at this time. Signed by Judge Nancy J. Rosenstengel on 2/17/2026. (dkb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
ORDER GRANTING #17 Plaintiff's amended motion to proceed in forma pauperis. The Court is satisfied that Plaintiffs are indigent and thus eligible to proceed without prepayment of filing fees under 28 U.S.C. 1915(a). In its December 30, 2025 order (Doc. #14 ), however, the Court expressed its reservations regarding its subject matter jurisdiction over this case. Thus, consistent with its previous order, the Court now DIRECTS Plaintiffs to file an amended complaint that complies with Federal Rule of Civil Procedure 10 and that properly invokes a valid basis for federal subject matter jurisdiction. Plaintiffs' amended complaint is due on or before March 19, 2026. Plaintiff Katie Jessica Sharkey's separate motion to proceed in forma pauperis (Doc. 16) is DENIED as moot. (Amended Pleadings due by 3/19/2026). Signed by Judge Nancy J. Rosenstengel on 2/17/2026. (dkb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 MOTION for Recruitment of Counsel by Robert A. Sumner, Jr. (adh) |
| Filing 18 MOTION for Recruitment of Counsel by Katie Jessica Sharkey. (adh) |
| Filing 17 AMENDED MOTION for Leave to Proceed in forma pauperis by Robert A. Sumner, Jr. (adh) |
| Filing 16 MOTION for Leave to Proceed in forma pauperis by Katie Jessica Sharkey. (adh) |
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Filing 15
NOTICE OF IMPENDING DISMISSAL: On December 30, 2025, the Court ordered Plaintiffs to pay the $405 filing fee to advance this case. (Doc. 14). The deadline for Plaintiffs to pay the fee was January 29, 2026. Plaintiffs are now GRANTED a final extension of 14 days to pay the filing fee. Failure to do so will result in the dismissal of this case without prejudice for failure to prosecute. (Action due by 2/13/2026). Signed by Judge Nancy J. Rosenstengel on 1/30/2026. (dkb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
ORDER DENYING #4 Plaintiffs' Motion for Leave to proceed in forma paureris. Plaintiffs SHALL pay the filing fee of $405 on or before January 29, 2026. Plaintiffs SHALL also file an amended complaint within 30 days of paying the filing fee. Plaintiffs' motion for status (Doc. #9 ) is GRANTED. Signed by Chief Judge Nancy J. Rosenstengel on 12/30/2025. (dkb)
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| Filing 9 MOTION for Status by Robert A. Sumner, Jr. (kare) |
| Filing 8 COMPLAINT against All Defendants (Signed by Plaintiff), filed by Robert A. Sumner, Jr.(kare) |
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Filing 7
ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Chief Judge Nancy J. Rosenstengel for all further proceedings. Signed by Judge J. Phil Gilbert on 12/1/2025. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 Addendum I by Katie Jessica Sharkey, Robert A. Sumner, Jr.. (kare) |
| Filing 12 EMERGENCY MOTION for Preliminary Injunction / Temporary Restraining Order by Katie Jessica Sharkey, Robert A. Sumner, Jr. (kare) |
| Filing 11 NOTICE to the Court Regarding Ongoing Interference by Katie Jessica Sharkey, Robert A. Sumner, Jr (kare) |
| Filing 10 AMENDED COMPLAINT against All Defendants, filed by Robert A. Sumner, Jr, Katie Jessica Sharkey.(kare) |
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Filing 6
ORDER re #2 Complaint filed by Robert A. Sumner, Jr. The filing does not bear the signature of the plaintiff as required by Federal Rule of Civil Procedure 11(a). The Court DIRECTS the Clerk's Office to send the plaintiff a copy of the filing without the ECF headings at the top so he can sign the document and submit it to be substituted for the unsigned copy. The petitioner has 21 days to sign and refile the document. If he fails to do so, the Court will strike his unsigned document. Signed by Judge J. Phil Gilbert on 11/20/2025. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION to Appoint Counsel by Robert A. Sumner, Jr. (clw) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Robert A. Sumner, Jr. (clw) |
| Filing 3 EMERGENCY MOTION for Temporary Restraining Order by Robert A. Sumner, Jr. (Attachments: #1 Exhibit)(clw) |
| Filing 2 COMPLAINT against All Defendants, filed by Robert A. Sumner, Jr.(clw) (Additional attachment(s) added on 11/19/2025: #1 Civil Cover Sheet) (clw). |
| Filing 1 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 25-CV-2090-JPG. Refer to the pro se litigant guide, found on the ILSD website, for further information. (clw) |
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