Puckett v. Ackley et al
| David Leon Puckett |
| Officer Ackley, Officer Jines, Officer Parris, Officer Gray, Officer Wiedemann and Trent Page |
| 3:2026cv00125 |
| February 4, 2026 |
| U.S. District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2026. A more recent docket listing may be available from PACER.
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| Filing 40 RESPONSE to 27 ORDER to File Amended Pleading and 33 Order showing A/C mailed filed by David Leon Puckett. (jaj) |
| Filing 39 AMENDED COMPLAINT against Officer Ackley, Officer Gray, Officer Jines, Trent Page, Officer Parris, Officer Wiedemann, filed by David Leon Puckett. (Attachments: #1 Notice)(jaj) |
| Filing 38 RESPONSE TO ORDER TO SHOW CAUSE filed by David Leon Puckett. (jaj) |
Filing 37
ORDER TO SHOW CAUSE and FILE AMENDED PLEADING: In response to the Court's Orders (Docs. 27, 33) to file a single, standalone, and signed Complaint, Plaintiff filed an #35 Amended Complaint on May 18, 2026 and #36 Second Amended Complaint on May 19, 2026. Among other things, the complaints name different defendants, assert different claims, and are signed on different dates. As previously explained, Plaintiff cannot rely on piecemeal amendments to any complaint; he must file a single complaint that stands on its own without reference to any other document. Once again, he has failed to do so, in violation of multiple court orders. Thus, Docs. 35 and 36 are STRICKEN for non-compliance with the Court's Orders at Docs. 27 and 33. On or before June 17, 2026, Plaintiff must show cause why this case should not be dismissed for failure to comply with the Court's Orders at Docs. 27 and 33. Plaintiff can only satisfy this Order by filing a single, signed, standalone complaint that complies with the Orders at Docs. 27 and 33 by this deadline. He is WARNED that failure to show cause why this case should not be dismissed by JUNE 17, 2026 will result in dismissal of the entire action for failure to comply with court orders and for failure to prosecute his claims herein. See Fed. R. Civ. P. 41. The Clerk's Office is DIRECTED to RETURN Docs. 35 and 36 to Plaintiff, along with this Order. Signed by Judge J. Phil Gilbert on 5/27/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 36 STRICKEN PER ORDER 37 - SECOND AMENDED COMPLAINT against All Defendants filed by David Leon Puckett.(jaj) Modified on 5/28/2026 (kare). |
| Filing 35 STRICKEN PER ORDER 37 - AMENDED COMPLAINT against All Defendants, filed by David Leon Puckett.(kare) Modified on 5/28/2026 (kare). |
| Filing 34 RESPONSE to 33 Order filed by David Leon Puckett. Original documents filed at entry #32 (djw) |
| Set/Reset Deadlines: Amended Pleadings due by 5/27/2026. (kare) |
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Filing 33
ORDER RE: #32 Response. Plaintiff filed an unsigned Complaint (Doc. 1, p. 8) and an improperly signed Affidavit (Doc. 1-2, p. 35), and the Court ORDERED him to file a properly signed Complaint and Affidavit on or before May 20, 2026. He was warned that failure to do so by this deadline would result in a Court Order striking both documents and dismissing this action. See Order at Doc. 27. In response, Plaintiff filed a signature page unattached to any complaint, along with a list of new defendants he wishes to add to this lawsuit. This amounts to an attempt to submit a piecemeal amendment to the original Complaint, not an attempt to comply with the Court's Order at Doc. 27. Plaintiff's Response does not satisfy the Order at Doc. 27. The Court does not accept piecemeal amendments to a complaint. If Plaintiff wishes to file an Amended Complaint, he must file a new "Amended Complaint" in this case (No. 26-cv-125-JPG) that stands on its own without reference to any other version of the document. If he wishes to stick with his original Complaint and Affidavit, he must submit properly signed, complete documents to replace the original unsigned versions. Plaintiff is WARNED that failure to comply with Doc. 27 by the EXTENDED DEADLINE of MAY 27, 2026 will result in an Order striking his UNSIGNED Complaint and Affidavit and dismissing this action. See Fed. R. Civ. P. 41. To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to once again return a copy of the Complaint (Doc. 1) and Affidavit (Doc. 1-2) to Plaintiff, along with this Order, and also provide a blank civil rights complaint form for using in preparing a new Complaint, if he so chooses. Signed by Judge J. Phil Gilbert on 5/12/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 32 RESPONSE to 27 ORDER to File Amended Pleading filed by David Leon Puckett. (jaj) |
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Filing 31
ORDER: Plaintiff's address recently changed. See Doc. 30. The Clerk's Office is DIRECTED to SEND Plaintiff a courtesy copy of the docket sheet from CM/ECF. Plaintiff should review the docket sheet for all text orders entered since his address changed. He must comply with all orders by the deadlines listed therein. Failure to do so may result in sanctions including dismissal of this action. See Fed. R. Civ. P. 41. Signed by Judge J. Phil Gilbert on 4/28/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 30 NOTICE of Change of Address by David Leon Puckett (kare) |
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Filing 29
ORDER: The Court has received your payment of the filing fee. Now 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 J. Phil Gilbert on 4/20/2026. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 NOTICE of Filing Fee by David Leon Puckett (djw) |
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Filing 27
ORDER TO FILE SIGNED COMPLAINT and AFFIDAVIT. Plaintiff filed an unsigned #1 Complaint (Doc. 1, p. 8) and an improperly signed Affidavit (Doc. 1-2, p. 35). Rule 11(a) of the Federal Rules of Civil Procedure requires that "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." Fed. R. Civ. P. 11. To proceed with this action, Plaintiff is ORDERED to submit a properly signed Complaint (Doc. 1) and Affidavit (Doc. 1-2) on or before May 20, 2026. Plaintiff is WARNED that failure to comply with this order shall result in the striking of Plaintiff's Complaint (Doc. 1) and Affidavit (Doc. 1-2) and the dismissal of this action. See Fed. R. Civ. P. 41(b). To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to return a copy of the Complaint (Doc. 1) and Affidavit (Doc. 1-2) to Plaintiff along with this Order. Amended Pleadings due by 5/20/2026. Signed by Judge J. Phil Gilbert on 4/20/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 26
ORDER: This case is duplicative of Puckett v. Ackley, et al., No. 26-cv-00095-JPG (S.D. Ill. filed Feb. 4, 2026) (initial action). Plaintiff paid the full filing fee for the initial action and then voluntarily dismissed it before screening. The Court directed the Clerk's Office to apply the $405.00 filing fee from the initial action to this case. (See Doc. 12, initial action). Plaintiff's $405.00 filing fee for this case has thus been paid in full. Signed by Judge J. Phil Gilbert on 4/20/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing fee: $ 405.00, receipt number 22729 (clw) |
| Filing 25 NOTICE of Change of Address by David Leon Puckett re: 22 . (jaj) |
| Filing 24 NOTICE of Change of Address by David Leon Puckett (jdc) |
| Filing 23 RESPONSE to 22 Order and NOTICE to Court of payment of filing fee in full filed by David Leon Puckett. (jaj) |
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Filing 22
ORDER: Plaintiff's original and extended deadlines for paying the $405.00 filing fee or filing a Motion for Leave to Proceed In Forma Pauperis (IFP motion) expired on March 6, 2026 and April 1, 2026, respectively, and Plaintiff did not comply with the Notice and Order (Doc. 9) or Notice of Impending Dismissal (Doc. 20). He also did not request an extension of time to do so. However, he notified the Court of a temporary address change on March 19, 2026. Given his change of address, the Court sua sponte EXTENDS Plaintiff's deadline for paying the $405.00 filing fee or filing an IFP motion to April 15, 2026. Plaintiff is WARNED that this case will be dismissed without prejudice for noncompliance with the Orders at Docs. 9 and 20 and here, if he does not prepay the full $405.00 filing fee or file an IFP motion by APRIL 15, 2026. The Clerk's Office is DIRECTED to SEND Plaintiff a courtesy copy of Docs. 9 and 20, along with this Order, to his most recent address on file with the Court. Signed by Judge J. Phil Gilbert on 4/2/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 21 NOTICE of Temporary Change of Address by David Leon Puckett (jaj) |
| Set/Reset Deadlines: Filing Fee or Motion to Proceed In Forma Pauperis (IFP) due on or before 4/1/2026 (kare) |
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Filing 20
NOTICE OF IMPENDING DISMISSAL: Plaintiff filed this action on February 4, 2026, without prepaying the $405.00 filing fee or filing a Motion for Leave to Proceed in forma pauperis (IFP motion). The Court ordered Plaintiff to either prepay the $405.00 fee or file a properly completed IFP motion within 30 days (no later than March 6, 2026). (Doc. 9). He was warned that failure to do so would result in dismissal of the entire action without prejudice for failure to prosecute. See id. (citing Fed. R. Civ. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998)). The deadline has now passed, and Plaintiff has not complied with the Court's Order (Doc. 9) or requested additional time to do so. Plaintiff is hereby WARNED that this case will be dismissed without prejudice for noncompliance with the Order at Doc. 9, if he does not prepay the full $405.00 filing fee or file an IFP motion by APRIL 1, 2026. The Court DEFERS preliminary review of the Complaint (Doc. 1) until Plaintiff complies with this Order. Signed by Judge J. Phil Gilbert on 3/18/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 19
ORDER DISMISSING #5 Motion for a Krankel Hearing and #6 Motion for Writ of Habeas Corpus. This Court lacks jurisdiction to address these motions in this action filed pursuant to 42 U.S.C. 1983. Signed by Judge J. Phil Gilbert on 3/18/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
ORDER DISMISSING without prejudice #3 Motion for Extension of Time to Proceed and #4 Motion to Proceed Due to Extenuating Circumstances. In both motions, Plaintiff warns the Court that his claims may be Heck-barred. The Court will address this issue when screening the Complaint (Doc. 1) pursuant to 28 U.S.C. 1915A. Signed by Judge J. Phil Gilbert on 3/18/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
ORDER DISMISSING as UNECESSARY #2 Motion to Proceed Pro Se. Plaintiff may represent himself in this civil suit filed under 42 U.S.C. 1983, and he need not file a motion seeking the Court's permission to proceed without representation of counsel. Signed by Judge J. Phil Gilbert on 3/18/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 NOTICE by David Leon Puckett of surgical procedure postponed - address remains the same. (jaj) |
| Filing 15 NOTICE of Change of Address by David Leon Puckett back to original facility, as transfer re: #14 was postponed. (jaj) |
| Filing 14 NOTICE of Temporary Change of Address by David Leon Puckett (kare) |
| Filing 13 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 408, this case will remain with the assigned District Judge J. Phil Gilbert. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 11 Notice of Voluntary Dismissal of Case 26-95 by David Leon Puckett (jaj) |
| Set/Reset Deadlines as to Doc 10 ORDER, Plaintiff's Response due by 3/9/2026. (adh) |
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Filing 10
ORDER: Plaintiff David Leon Puckett, an inmate of the Illinois Department of Corrections at Shawnee Correctional Center, brings this civil rights action pursuant to 42 U.S.C. 1983 for alleged deprivations of his constitutional rights caused by Mt. Vernon, Illinois, officials. (Doc. 1). This case appears to be the same as Case No. 26-00095-JPG filed January 28, 2026. Plaintiff is thus ORDERED to notify the Court on or before March 9, 2026 whether he wishes to pursue both cases or dismiss this case as duplicative and avoid a second filing fee for this action. Plaintiff is WARNED that failure to respond by the deadline will result in dismissal for failure to prosecute and/or comply with this Order WITH the assessment of a filing fee for this action. See Fed. R. Civ. P. 41. Signed by Judge J. Phil Gilbert on 2/5/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 26-125-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 2/4/2026. (jaj)
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| Filing 8 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 408, 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 2/4/2026. Consent due by 2/25/2026 (jaj) |
| Filing 7 Prisoner Trust Fund Account Statement by David Leon Puckett. (jaj) |
| Filing 6 MOTION for Writ of Habeas Corpus by David Leon Puckett. (jaj) |
| Filing 5 MOTION for a Krankel Hearing by David Leon Puckett. (jaj) |
| Filing 4 MOTION to Proceed Due to Extenuating Circumstances by David Leon Puckett. (jaj) |
| Filing 3 MOTION for Extension of Time to Proceed by David Leon Puckett. (jaj) |
| Filing 2 MOTION to Proceed Pro Se by David Leon Puckett. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by David Leon Puckett. (Attachments: #1 Civil Cover Sheet, #2 Affidavit, #3 Envelope)(jaj) |
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