McCain v. Herring, et al
| Matthew M L McCain |
| Mr Herring, S A Godinez, Terri Anderson, Jennett Cowan, Unknown Party 1, Mr Dunn, Mr Joy, Unknown Party 2, Mr Getz, Mr Mulholland, Mr Laurance, Mr Henrich and Mr Anthony |
| 3:2013cv00300 |
| March 22, 2013 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Randolph |
| Philip M. Frazier |
| J. Phil Gilbert |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
135
MEMORANDUM AND ORDER, The Court ADOPTS in part and REJECTS in part the Report (Doc. 132); SUSTAINS in part and OVERRULES in part McCain's objections (Doc. 133); GRANTS in part and DENIES in part the defendants' motion for summary judgment (Doc. 105); GRANTS summary judgment in favor of defendants Dunn, Joy, Hecht, Godinez, Anthony, Cowan and Henrich; DENIES summary judgment in all other respects; DISMISSES all claims against defendant John Doe 1 ("Unknown Party 2") withou t prejudice for lack of service of process; and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. Defendants Dunn, Joy, Hecht, Godinez, Anthony and Henrich are terminated from this case. The Court further ORDERS that McCain shall have up to and including May 27, 2016, to file a motion for recruitment of counsel for the purposes of trial and DIRECTS the Clerk of Court to send McCain a form motion. The Court further ORDERS the parties to submit a proposed final pr etrial order to Magistrate Judge Frazier's chambers on or before June 10, 2016. The current final pretrial conference and trial dates are VACATED and will be set by Magistrate Judge Frazier in the Final Pretrial Order. Signed by Judge J. Phil Gilbert on 5/18/2016. (jdh)
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Filing
122
MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 119 ); OVERRULES McCains objections (Doc. 120 ); and DENIES McCains motions for a temporary restraining order and preliminary injunction (Docs. 110 & 117 ). Signed by Judge J. Phil Gilbert on 6/8/2015. (jdh)
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Filing
79
MEMORANDUM AND ORDER, granting 76 MOTION for Extension of Time filed by Matthew M L McCain, and denying 78 MOTION filed by Matthew M L McCain.Signed by Judge J. Phil Gilbert on 10/1/2013. (jdh)
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Filing
72
MEMORANDUM AND ORDER, The Court ORDERS McCain to pay the entire initial partial filing fee of $22.77. The Court STAYS this case until further order of the Court and WARNS McCain that if he does not pay the entire initial partial filing fee of $22.77, the Court will dismiss this case without prejudice. Signed by Judge J. Phil Gilbert on 8/30/2013. (jdh)
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Filing
67
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 50 in its entirety. Denying re 2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Matthew M L McCain. Signed by Judge J. Phil Gilbert on 7/16/2013. (jdh)
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Filing
7
ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier, granting 3 MOTION for Leave to Proceed in forma pauperis filed by Matthew M L McCain.Plaintiff's motion for TRO and preliminary injunctive relief (Doc. 2 ) is hereby REFERRED to United States Magistrate Judge Philip M. Frazier for an evidentiary hearing and issuance of a report and recommendation. COUNTS 2 and 3 are DISMISSED without prejudice. DEFENDANTS ATCHERSON, COFFEEY, PHELPS, UNKNOWN PARTY 3 (C/O JOHN DOE 2), UNKNOW N PARTY 4 (NURSE JANE DOE 2), and UNKNOWN PARTY 5 (DOCTOR JOHN DOE 3) are DISMISSED from this action without prejudice. As to COUNT 1, the Clerk of Court is DIRECTED to complete, on Plaintiff's behalf, a summons and form USM-285 for service of process on Defendants HERRINGTON, COWAN, LAURANCE, GODINEZ, ANDERSON, DUNN, JOY, GETZ, MULHOLLAND, HENRICH, ANTHONY. Signed by Judge J. Phil Gilbert on 4/2/2013. (tjk)
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