Attaway v. Doe
| Illinois Southern District Court | |
| Judge: | Staci M Yandle |
| Case #: | 3:24-cv-01081 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Apr 12, 2024 |
Corrections
Scanning Shawnee
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Defendant
John Doe
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Plaintiff
Micheal Attaway
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GPO
Jun 21 2024
ORDER FOR SERVICE OF PROCESS on CURRENT WARDEN OF SHAWNEE CORRECTIONAL CENTER (official capacity only) and JOHN DOE (once identified). The 1 Complaint survives screening under 28 U.S.C. 1915A. COUNT 1 will proceed against Defendant JOHN DOE, once identified. SHAWNEE CORRECTIONAL CENTER's WARDEN is ADDED as a defendant, in an official capacity, for purposes of identifying John Doe by name, according to the Doe Identification Order that will be entered after the warden appears. The Clerk's Office is DIRECTED to ADD Defendant CURRENT WARDEN OF SHAWNEE CORRECTIONAL CENTER (official capacity only) in CM/ECF. Signed by Judge Staci M. Yandle on 6/21/2024. (jsy) |
| Docket last updated: 09/19/2024 11:59 PM CDT |
| Wednesday, September 18, 2024 | ||
| 20 | 20
order
Order to Show Cause
Wed 09/18 4:14 PM
ORDER TO SHOW CAUSE: This case involves only one defendant, who has not been identified or served with this lawsuit. Plaintiff's deadline for filing a motion to substitute Defendant John Doe expired on September 10, 2024, see Doc. 14. To date, Plaintiff has not filed a motion to substitute, a motion setting forth additional steps necessary to identify and substitute the unknown defendant, or a motion seeking an extension of time to do so. Until John Doe is identified, the Complaint cannot be served on a defendant, and this case cannot move forward. On or before October 9, 2024, Plaintiff is ORDERED to SHOW CAUSE why Defendant John Doe, and the entire action, should not be dismissed for failure to comply with the Doe Identification Order (Doc. 14) and for failure to prosecute the claims herein. Plaintiff may satisfy this Order by filing a motion to substitute in compliance with Doc. 14, and he is WARNED that failure to timely comply with this Order and Doc. 14 shall result in dismissal of this action. See Fed. R. Civ. P. 41. Show Cause Response due by 10/9/2024. Signed by Judge Staci M. Yandle on 9/18/2024. (jsy) |
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| Tuesday, August 20, 2024 | ||
| 19 | 19
notice
Notice (Other)
Tue 08/20 10:39 PM
NOTICE by Current Warden of Shawnee Correctional Center re14 Order, Notice of Compliance(Powell, Jennifer) |
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Att: 1
Exhibit A
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| Monday, August 12, 2024 | ||
| 18 | 18
misc
Mail Returned
Mon 08/12 10:21 AM
Mail Returned as Undeliverable, doc 12. Mail sent to Michael Attaway. (kdw) |
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| Wednesday, July 10, 2024 | ||
| 17 | 17
misc
Mail Returned
Wed 07/10 11:27 AM
Mail Returned as Undeliverable. Document 11 sent to Micheal Attaway. (jle) |
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utility
Set Deadlines/Hearings
Wed 07/10 10:48 AM
ID John Doe due by 9/10/2024. (clw) |
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| Tuesday, July 09, 2024 | ||
| 16 | 16
order
Order on Motion for Leave to File
Tue 07/09 4:02 PM
ORDER GRANTING10 Motion for Leave to File Documents Electronically in this case only. SDIL-LR 5.1(b)(2). Plaintiff is hereby GRANTED access to the District Court's electronic case filing system in this case only. To access the system, Plaintiff must first enroll to use CM/ECF in the Southern District of Illinois by obtaining a personal PACER account at:https://www.pacer.gov, as this District uses the NextGen version of CM/ECF. Plaintiff must then complete the application for "Non-Attorney E-File Registration" located on the Maintenance tab within the personal PACER account. Plaintiff is ADVISED that once he is registered for electronic filing, the Clerk's Office will no longer mail paper copies of documents that are filed. He is also WARNED that e-filing is a privilege that may be revoked if it is abused. Reasons for revocation include, but are not limited to, the following: overly frequent or lengthy filings, repetitive or duplicative filings, unsolicited and unwarranted filings, or filings that are otherwise frivolous or abusive of the litigation process. Plaintiff will be warned if his conduct might lead to revocation of this privilege, and if he is revoked in any single case, he may be revoked in all cases. Signed by Judge Staci M. Yandle on 7/9/2024. (jsy) |
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| 15 | 15
order
Order on Motion for Exemption of PACER Fees
Tue 07/09 3:59 PM
ORDER DENYING8 Motion for Exemption from PACER Fees. Plaintiff has not established that PACER fees should be waived, and exemptions from these fees are uncommon. Standing alone, a plaintiff's in forma pauperis status is not enough to support a request to waive PACER fees. Plaintiff is also not required to have a credit or debit card to use PACER. If registered with the court's CM/ECF system, parties and attorneys of record will receive one free electronic copy of documents filed with the court and will have access to additional copies for a modest fee. If not registered, parties and attorneys of record will receive a copy of all orders and filed documents via mail. As these procedures provide reasonable access, the plaintiff has not justified any waiver of PACER fees here. Signed by Judge Staci M. Yandle on 7/9/2024. (jsy) |
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| 14 | 14
3
pgs
order
Order
Tue 07/09 1:48 PM
JOHN DOE IDENTIFICATION ORDER: Plaintiff and Shawnee Correctional Center's Warden shall exchange information necessary to identify John Doe by first and last names according to the attached schedule. Plaintiff's deadline for identifying this defendant by name in a motion to substitute defendants is 9/10/2024. Signed by Judge Staci M. Yandle on 7/9/2024. (jsy) |
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| Monday, July 08, 2024 | ||
| 13 | 13
notice
Notice of Appearance
Mon 07/08 9:06 AM
NOTICE of Appearance by Jennifer Renee Powell on behalf of Current Warden of Shawnee Correctional Center (Powell, Jennifer) |
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| Tuesday, July 02, 2024 | ||
| 12 | 12
service
Waiver of Service Executed
Tue 07/02 1:57 PM
WAIVER OF SERVICE Returned Executed Current Warden of Shawnee Correctional Center waiver sent on 6/24/2024, answer due 8/23/2024. (mamo) |
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| Monday, June 24, 2024 | ||
| 11 | 11
service
Request for Waiver of Service
Mon 06/24 11:03 AM
REQUEST FOR WAIVER of Service sent to Current Warden of Shawnee Correctional Center on 6/24/2024. Waiver of Service due by 7/24/2024. (tjk) |
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| Friday, June 21, 2024 | ||
| 10 | 10
motion
Leave to File Document
Fri 06/21 4:04 PM
MOTION for Leave to File Documents Electronically as a Pro-Se Litigant by Micheal Attaway.(kare) |
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Att: 1
Envelope
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| 9 | 9
notice
Notice of Change of Address
Fri 06/21 4:03 PM
NOTICE of Change of Address by Micheal Attaway (kare) |
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| 8 | 8
motion
Exemption of PACER Fees
Fri 06/21 3:38 PM
MOTION for Exemption of PACER Fees by Micheal Attaway. (adh) |
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| 7 | 7
5
pgs
order
Order for Service of Process - Prisoner
Fri 06/21 10:04 AM
ORDER FOR SERVICE OF PROCESS on CURRENT WARDEN OF SHAWNEE CORRECTIONAL CENTER (official capacity only) and JOHN DOE (once identified). The1 Complaint survives screening under 28 U.S.C. 1915A. COUNT 1 will proceed against Defendant JOHN DOE, once identified. SHAWNEE CORRECTIONAL CENTER's WARDEN is ADDED as a defendant, in an official capacity, for purposes of identifying John Doe by name, according to the Doe Identification Order that will be entered after the warden appears. The Clerk's Office is DIRECTED to ADD Defendant CURRENT WARDEN OF SHAWNEE CORRECTIONAL CENTER (official capacity only) in CM/ECF. Signed by Judge Staci M. Yandle on 6/21/2024. (jsy) |
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| Friday, April 19, 2024 | ||
| 6 | 6
order
Order Directing Prisoner Payment ~Util - Terminate Motions
Fri 04/19 9:38 AM
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc.2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $6.66. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to send a copy of this Order to the Trust Fund Officer at the Shawnee Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 4/19/2024. (tjk) |
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| 5 | 5
misc
Consent/Non-Consent to US Magistrate Judge
Fri 04/19 9:22 AM
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (adh) |
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| Friday, April 12, 2024 | ||
| 4 | 4
notice
Notice Requesting Consent - Prisoner
Fri 04/12 2:58 PM
NOTICE FROM CLERK Instructing Micheal Attaway 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 Micheal Attaway on 4/12/24. Consent due by 5/3/2024 (adh) |
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| 3 | 3
order
Order
Fri 04/12 2:56 PM
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 3:24-cv-1081-SMY. 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 Staci M. Yandle on 4/12/2024. (adh) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Fri 04/12 2:53 PM
MOTION for Leave to Proceed in forma pauperis by Micheal Attaway. (adh) |
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| 1 | 1
cmp
Complaint
Fri 04/12 2:52 PM
COMPLAINT against John Doe, filed by Micheal Attaway.(adh) |
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