Due v. Bataillon et al
| Randall David Due |
| Richard G. Koph, Matthew R. Hoffman, Warden Werlich, Brian D. Bailey, John Doe, Denise M. Lucks, Thomas D. Thalken, Michael Carvajal, Bradley T. Gross, Robert T. Dawson, F. A. Gossett, Joseph F. Bataillon, Laurie Smith Camp, John M. Gerrard and Ken Hyle |
| 8:2020cv00172 |
| May 5, 2020 |
| US District Court for the District of Nebraska |
| Pro Se Docket |
| Richard G Kopf |
| Robert F Rossiter |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.
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Filing 18
REASSIGNMENT ORDER - that this case is reassigned to District Judge Robert F. Rossiter, Jr. for disposition and remains assigned to the pro se docket for judicial supervision. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party) (LKO)
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Filing 17
GENERAL ORDER NO. 2020-01: This general order provides for the management and assignment of cases filed by a plaintiff or petitioner without counsel. This general order also includes the definition of the pro se docket, responsibilities of the pro se law clerks and scheduling and discovery requirements in pro se cases. Ordered by Chief Judge John M. Gerrard. (Copy mailed to pro se party)(LKO)
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| Filing 16 NOTICE by Clerk acknowledging receipt of complaint filed by a pro se party. (Copy mailed to pro se party) (LKO) |
| Filing 15 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Richard G. Kopf and Pro Se Docket assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO) |
| Filing 14 Case transferred in from District of Illinois Southern; Case Number 3:20-cv-00279. Original electronic file received. |
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Filing 13
ORDER TRANSFERRING CASE TO OTHER DISTRICT: WARDEN WERLICH is DISMISSED without prejudice pursuant to 28 U.S.C. 1915A. The Clerk of Court is DIRECTED to TERMINATE Defendant WERLICH as a party in CM/ECF. This case is TRANSFERRED to the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA. Signed by Judge J. Phil Gilbert on 5/4/2020. (jsy) [Transferred from Illinois Southern on 5/5/2020.]
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| Filing 12 Consent Form - IFP Proceedings by Randall David Due. (jaj) [Transferred from Illinois Southern on 5/5/2020.] |
| Filing 11 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, 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). (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/5/2020.] |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (amv) [Transferred from Illinois Southern on 5/5/2020.] |
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Filing 9
ORDER Directing Monthly Payments be made from Prison Account of Due, granting #2 MOTION for Leave to Proceed in forma pauperis filed by Randall David Due. The Clerk is DIRECTED to provide two copies of the appropriate form to Plaintiff with his copy of this Order, along with a pre-addressed return envelope. 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 Greenville 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 Greenville Federal Correctional Institution. Signed by Judge J. Phil Gilbert on 4/15/2020. (tjk) [Transferred from Illinois Southern on 5/5/2020.]
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| Filing 8 Prisoner Trust Fund Account Statement by Randall David Due. (jaj) [Transferred from Illinois Southern on 5/5/2020.] |
| Filing 7 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. 257, Plaintiff shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 4/16/2020 (jaj) [Transferred from Illinois Southern on 5/5/2020.] |
| Filing 6 Prisoner Trust Fund Account Statement by Randall David Due. (jaj) [Transferred from Illinois Southern on 5/5/2020.] |
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Filing 5
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 9/1/2019 to 3/16/2020 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Greenville FCI. (Trust Fund Statement due on or before 5/4/2020). Signed by Judge J. Phil Gilbert on 3/19/2020. (tjk) [Transferred from Illinois Southern on 5/5/2020.]
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| Filing 4 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, 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 3/16/2020. Consent due by 4/6/2020 (jaj) [Transferred from Illinois Southern on 5/5/2020.] |
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Filing 3
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 20-279-JPG. 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 seven 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 3/16/2020. (jaj) [Transferred from Illinois Southern on 5/5/2020.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Randall David Due. (jaj) [Transferred from Illinois Southern on 5/5/2020.] |
| Filing 1 COMPLAINT against All Defendants filed by Randall David Due.(jaj) [Transferred from Illinois Southern on 5/5/2020.] |
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