Boulb v. Welby
| Illinois Southern District Court | |
| Judge: | Stephen P Mcglynn |
| Case #: | 3:25-cv-00050 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jan 14, 2025 |
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| Docket last updated: 01/21/2025 11:59 PM CST |
| Thursday, January 16, 2025 | ||
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utility
Set Deadlines/Hearings
Thu 01/16 11:20 AM
Proceed with case notice due by 2/5/2025. Filing Fee or Motion to Proceed In Forma Pauperis (IFP) due on or before 2/13/2025 (jaj) |
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| Wednesday, January 15, 2025 | ||
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order
Order
Wed 01/15 12:47 PM
ORDER: The Court received Plaintiff's Complaint (Doc.1 ) on January 14, 2025. Because the Complaint did not include a case number and was titled "Complaint for Civil Rights Violations and Civil Liberties," the Clerk of the Court opened the instant action. The Court notes, however, that Plaintiff has another civil rights action pending in this District, Boulb v. Welby, 24-cv-02685-DWD (original case), in which Plaintiff asserts very similar claims against Defendant Welby, Plaintiff's appointed counsel in his criminal case. Before this Court screens the Complaint in this case, it must determine whether Plaintiff even intended to pursue this separate action. Plaintiff is hereby ORDERED to advise the Court, in writing in this case, No. 25-cv-00050-SPM, on or before February 5, 2025 , whether he intends to pursue this action. If Plaintiff timely advises the Court that this case is duplicative of the original case, Boulb v. Welby, 24-cv-02685-DWD, the Court will close this case without assessing a $405 filing fee for this matter; he will then proceed with his claims in the original action, as though this case was never opened. If Plaintiff instead decides to pursue this separate action, he remains obligated to prepay the full $405 filing fee or file a properly completed Motion for Leave to Proceed in forma pauperis (IFP Motion) in this case no later than February 13, 2025 (See Doc. 3); this is in addition to any filing fee obligation he already incurred in the original case. Failure to timely respond to this Order will result in the dismissal of this action with the assessment of a filing fee. See Fed. R. Civ. P. 41(b). Preliminary review of the Complaint (Doc. 1) pursuant to Section 1915A is DEFERRED until Plaintiff confirms, in writing, his intent to proceed with this case. Signed by Judge Stephen P. McGlynn on 1/15/2025. (jrj) |
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| Tuesday, January 14, 2025 | ||
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4
pgs
order
Order
Tue 01/14 2:53 PM
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 25-50-SPM. 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 Stephen P. McGlynn on 1/14/2025. (kare) |
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notice
Notice Requesting Consent
Tue 01/14 2:50 PM
NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 386, 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 1/14/2025. Consent due by 2/4/2025 (kare) |
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| 1 | 1
cmp
Complaint
Tue 01/14 2:40 PM
COMPLAINT against Stephen R. Welby, filed by Brian K. Boulb.(kare) |
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