Burrus v. United States Federal Bureau of Prisons et al
| Frank P. Burrus |
| United States Federal Bureau of Prisons, Mr. Lillard, Mr. Farmer and Assistant Warden |
| 3:2026cv00634 |
| May 13, 2026 |
| U.S. District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 28 U.S.C. ยง 1331 Federal Question: Bivens Act |
| None |
Docket Report
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| Filing 10 AMENDED COMPLAINT against Assistant Warden, Mr. Farmer, Mr. Lillard, United States Federal Bureau of Prisons, filed by Frank P. Burrus.(kare) |
Filing 9
ORDER DENYING #8 Motion for Recruitment of Counsel. See Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (articulating factors court considers when evaluating motions for counsel). An indigent plaintiff seeking representation by court-recruited counsel must demonstrate: (a) reasonable efforts to locate counsel on his own; and (b) an inability to litigate the matter without representation. Plaintiff has shown some efforts to find counsel by allegedly writing to law firms or attorneys, and attaching responses from two of them, see Doc. 8, pp. 4-5. At the same time, Plaintiff has demonstrated his ability to litigate this matter by filing a Complaint (Doc. 1) and Motion for Leave to Proceed in forma pauperis (Doc. 4) that was granted (Doc. 5). And, his reasons for requesting assistance in preparing a First Amended Complaint (i.e., limited education and lack of knowledge of legal terms) provide insufficient grounds to justify the assignment of counsel at this early stage. Until the Court receives and reviews the First Amended Complaint, it cannot accurately evaluate the claims or the need for court-recruited counsel. If the First Amended Complaint survives Section 1915A review and litigation becomes too difficult, Plaintiff may renew his request by filing a new motion. Signed by Judge J. Phil Gilbert on 6/30/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 MOTION for Recruitment of Counsel by Frank P. Burrus. (jaj) |
| Filing 7 Consent Form - IFP Proceedings by Frank P. Burrus (jaj) |
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Filing 6
ORDER TO FILE AMENDED COMPLAINT. This matter is before the Court for screening under 28 U.S.C. 1915A. Plaintiff filed a handwritten Complaint (Doc. 1) against the Federal Bureau of Prisons and Federal Correctional Institution in Greenville, Illinois (FCI-Greenville) pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346, 2671-2680. The Complaint states no claim for relief against FBOP or FCI-Greenville. The FTCA waives sovereign immunity of the United States for certain torts committed by federal employees acting within the scope of their employment. Brownback v. King, 592 U.S. 209 (2021). However, the United States is the only proper defendant in an FTCA case, and Plaintiff does not name the United States as a defendant. Jackson v. Kotter, 541 F.3d 688, 693 (7th Cir. 2008). Given this, the Complaint is DISMISSED without prejudice. Plaintiff is GRANTED leave to file a "First Amended Complaint" in this case (26-cv-00634-JPG) on or before JULY 8, 2026. The First Amended Complaint will supersede and replace the original and render the original VOID; it is also subject to 1915A review. Plaintiff is WARNED that this action will be dismissed for failure to file a First Amended Complaint by JULY 8, 2026. See Fed. R. Civ. P. 41(b). The Clerk's Office is DIRECTED to SEND Plaintiff a blank civil rights complaint form, motion for recruitment of counsel, and copy of the #1 Complaint, along with this Order. Amended Pleadings due by 7/8/2026. Signed by Judge J. Phil Gilbert on 6/8/2026. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Amended Complaint due by 7/8/2026. (jaj) |
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Filing 5
ORDER Granting #4 MOTION for Leave to Proceed in forma pauperis filed by Frank P. Burrus. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff's 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 Florence Admax USP, 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 Florence Admax USP. Signed by Judge J. Phil Gilbert on 6/5/2026. (Attachments: #1 Consent to proceed IFP)(mado)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Frank P. Burrus. (jaj) |
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Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 26-634-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 5/13/2026. (kare)
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| Filing 2 Prisoner Trust Fund Account Statement by Frank P. Burrus. (kare) |
| Filing 1 COMPLAINT against Greenville Federal Correctional Institution, United States Federal Bureau of Prisons, filed by Frank P. Burrus.(kare) |
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