v. Conley et al
| Anthony Conley |
| Louis Mathis, . Funk, Wexford Corp, . Jacob, Marcia Keys, Keith Anglin, Joseph Loftus, Victor Calloway, Suzann Griswold, . Tina, Terry Fueyo, Mary Miller, . Ameji, IDOC and Ricky Jones |
| 1:2009cv01299 |
| August 28, 2009 |
| U.S. District Court for the Central District of Illinois |
| Peoria Office |
| Vermilion |
| Harold A. Baker |
| John A. Gorman |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
63
SUMMARY JUDGMENT AND CASE MANAGEMENT ORDER entered by Judge James E. Shadid on 8/29/2011. IT IS THEREFORE ORDERED that: (1) The Plaintiff's motion to supplement his response to the motion for summary judgment with the affidavit of an expert is d enied. [d/e 56]. The Defendants' motion to strike the affidavit is denied as moot. [d/e 61] (2) Defendants Anglin, Calloway, Keys and Griswold's motion for summary judgment is granted. [d/e 50 ]. The Clerk of the court is directed to ente r judgment in favor of the Defendants and against the Plaintiff pursuant to Fed. R. Civ. P. 56. The case is terminated. The parties are to bear their own costs. (3) If the Plaintiff wishes to appeal this dismissal, he may file a notice of appeal wi th this court within 30 days of the entry of judgment. Fed. R. App. P. 4(a)(4). A motion for leave to appeal in forma pauperis should set forth the issues the Plaintiff plans topresent on appeal. See Fed. R. App. P. 24(a)(1)(C). If the Plaintiff does choose toappeal, he will be liable for the $455.00 appellate filing fee irrespective of the outcome of the appeal. (4) The agency having custody of the Plaintiff is directed to remit the docketing fee of $350.00 from the Plaintiff 9;s prison trust fund account if such funds are available. If the Plaintiff does not have $350.00 in his trust fund account, the agency must send 20 percent of the current balance, or the average balance during the past six months, whichever am ount is higher; thereafter, the agency shall begin forwarding monthly payments from the Plaintiff's trust fund account to the clerk of court each time the Plaintiff's account exceeds $10.00 until the statutory fee of $350.00 is pa id in its entirety. The filing fee collected shall not exceed the statutory filing fee of $350.00. (5) The Plaintiff is responsible for ensuring the $350.00 filing fee is paid to the clerk ofthe court even though his case has been dismiss ed. Release from incarceration does not relieve the Plaintiff of his obligation to pay the filing fee in full. The Plaintiff must notify the clerk of the court of a change of address and phone number within seven days of such change. (6) The clerk is directed to mail a copy of this order to the Plaintiff's place of confinement, to the attention of the Trust Fund Office. (cc: plaintiff/Trust Fund Dept). (KB, ilcd)
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Filing
45
ORDER entered by Judge Harold A. Baker on 8/12/10. IT IS ORDERED: Defendants 28 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. Plaintiff's claim that Defendants Anglin, Laker and Peterson violated his Eighth Amendment rig hts based on his filthy living conditions is dismissed. Plaintiff failed to exhaust his administrative remedies as required by 42 U.S.C. §1997e(a). The clerk of the court is directed to dismiss Defendants Laker and Peterson. Plaintiff's 35 Motion to Substitute Parties is DENIED. The clerk of the court is also directed to dismiss Defendant Loftus pursuant to Federal Rules of civil Procedure 4 and 25. Plaintiff has one surviving claim: Defendants Marcia Keys, Suzann Griswold, Keit h Anglin and Victor Calloway were deliberately indifferent to the plaintiff's health and safety when they continued to provide the plaintiff with high soy content diet despite the negative consequences for plaintiff's health. All discovery must be completed on or before 1/31/11 and any further dispositive motions must be filed on or before 2/28/10. SEE FULL ORDER. cc: plaintiff. (FDT, ilcd)
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Filing
32
ORDER entered by Judge Harold A. Baker on 1/28/10: 1) The plaintiff's motion for a temporary restraining order or preliminary injunction is denied. [d/e 23]2) The defendants' motion to stay discovery pending the outcome of the motion for su mmary judgement is granted. [d/e 30] The plaintiff is reminded that he must respond to the dispositive motion on or before February 16, 2010. If the plaintiff fails to file a response on or before February 16, 2010, his case may be dismissed. 3) The Clerk of the Court is directed to add Defendants Counselor Laker and Counselor Peterson from Danville Correctional Center to this case pursuant to the court's October 29, 2010 Merit Review. The Clerk is also directed to send Notice of Lawsuit and Waiver of Service forms to these individuals. 4) The defendants have filed a Suggestion of Death for Defendant Loftus. This Defendant has not been served. The plaintiff has 90 days; until misc ddl of 4/28/10, to file a motion to substitute defe ndants and name a substitute defendant pursuant to Federal Rule of Civil Procedure 25(a)(1). 5) The status hearing pursuant to Rule 16 of the Federal Rules of Civil Procedure on February 5, 2010 is canceled as unnecessary and the writ is recalled. The clerk is to notify the parties and the plaintiff's place of residence. Defendants D Laker and. Peterson added. (cc: plaintiff)(MSB, ilcd)
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Filing
15
Merit Review ORDER #2 entered by Judge Harold A. Baker on 10/29/09: 1) Pursuant to its merit review of the amended complaint under 28 U.S.C. Section 1915A, the court finds that the plaintiff states the following federal claims: a) Defendants Marcia K eys, Suzann Griswold, Keith Anglin, Joseph Loftus and Victor Calloway were deliberately indifferent to the plaintiff's health and safety when they continued to provide the plaintiff with a high soy content diet despite the negative consequences for the plaintiff's health; and b) Defendants Anglin, Laker and Peterson also violated the plaintiff's Eighth Amendment rights based on the filthy living conditions in his cell. 2) All other claims based on federal law, other than those set forth in paragraph (1) above, are dismissed for failure to state a claim pursuant to 28 U.S.C. Section 1915A or for a violation of Rules 18 and 20 of the Federal Rules of Civil Procedure based on bringing unrelated claims against unrelated defendant s in the same lawsuit. Consequently, the clerk of the court is directed to dismiss Defendants Louis Mathes, Dr. Funk, Nurse Tina, Terry Fueyo, Mary Miller, Dr. Ameji and Ricky Jones; Defendants Funk; Ricky Jones; Louis Mathis; Mary Miller; Nurse Tin a; Dr Ameji and Terry Fueyo terminated. 3) This case shall proceed solely on those federal claims identified in paragraph one above. Any claims not set forth in paragraph one above shall not be included in the case, except in the court's discret ion on motion by a party for good cause shown, or by leave of court pursuant to Federal Rule of Civil Procedure 15. 4) A Prisoner Scheduling Order shall be entered directing service and setting a Rule 16 conference date. 5) A copy of this Case Manage ment Order shall be served with the Complaint and Scheduling Order. 6) The defendants shall file an answer within the time prescribed by Local Rule. A motion to dismiss is not an answer. The answer must be considered a responsive pleading under Federal Rule of Civil Procedure 15(a) and should include all defenses appropriate under the Federal Rules. The answer and subsequent pleadings shall be to the issues and claims stated in this Case Management Order. (cc: plaintiff)(MSB, ilcd)
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Filing
8
ORDER entered by Judge Harold A. Baker on 9/21/09: 1) Pursuant to its merit review of the complaint under 28 U.S.C. Section 1915A, the plaintiff's complaint is dismissed as a violation of Rules 8, 18 and 20 of the Federal Rules of Civil Procedur e. 2) A merit review hearing is now rescheduled for October 29, 2009 at 10:30 a.m. by video conferencing. The clerk is to issue a writ for the plaintiff's participation in the video conference. 3) The court will allow the plaintiff one opportun ity to file an amended complaint. The plaintiff must follow the court's specific directions in this order and must not include unrelated claims against unrelated defendants in the same complaint. The plaintiff must file his amended complaint on or before October 20, 2009.If the plaintiff fails to follow the court's direction, his case may be dismissed and he may accumulate strikes pursuant to 28 U.S.C. § 1915(g). 4) The plaintiff's motion for appointment of counsel is denied. [d/e 4] (cc: plaintiff w/blank civil rights complaint form and instructions)(MSB, ilcd)
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