Weaver v. Harbinson et al
| Marcus Weaver |
| Tedd Wall, Jeffery Lee Ho and Scott Moats |
| 1:2018cv01338 |
| September 19, 2018 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Sara Darrow |
| Prisoner Petitions - Prison Conditions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 93 Case transferred in from District of Mississippi Southern; Case Number 3:17-cv-00657. . |
Filing 92
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #67 Motion for Summary Judgment filed by Marcus Weaver, #77 Report and Recommendations, #71 Motion to Change Venue filed by Marcus Weaver, #57 Motion to Dismiss, Motion for Summary Judgment, filed by Hudson, Roberto Martinez, J. Ratliff, Tedd Wall, USA, Jeffrey Ho Lee, Scott Moats, Natal, Anthony Chambers. Case severed and transferred to the United States District Court for the Central District of Illinois. Signed by District Judge William H. Barbour, Jr on 09/18/18 (KNS)
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Filing 91
***ERROR***DISREGARD THIS ENTRY***ORDER granting in part and denying in part #57 Motion to Dismiss; granting in part and denying in part #57 Motion for Summary Judgment; denying #67 Motion for Summary Judgment; granting #71 Motion to Change Venue; adopting Report and Recommendations re #77 Report and Recommendations. Signed by District Judge William H. Barbour, Jr on 9/18/18 (LAT) Modified on 9/18/2018 (KNS).
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| District Transfer Out to the District of Central District of Illinois (MGB) |
| DOCKET ANNOTATION as to #91 : This document is a duplicate filing. Therefore, Doc. #91 should be disregarded. (KNS) |
| Filing 90 MEMORANDUM in Support re #89 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment filed by Anthony Chambers, Hudson, Roberto Martinez, Natal, J. Ratliff(RN), USA (Johnson-Federal Gov, Kristi) |
| Filing 89 MOTION to Dismiss or in the Alternative, MOTION for Summary Judgment by Anthony Chambers, Hudson, Roberto Martinez, Natal, J. Ratliff(RN), USA (Johnson-Federal Gov, Kristi) |
| Filing 88 WAIVER OF SERVICE Returned Executed by J. Ratliff(RN). J. Ratliff(RN) waiver sent on 8/9/2018, answer due 10/9/2018. (Johnson-Federal Gov, Kristi) |
| Filing 87 WAIVER OF SERVICE Returned Executed by Natal. (Johnson-Federal Gov, Kristi) |
| Filing 86 WAIVER OF SERVICE Returned Executed by Roberto Martinez. (Johnson-Federal Gov, Kristi) |
| Filing 85 WAIVER OF SERVICE Returned Executed by Hudson. (Johnson-Federal Gov, Kristi) |
| Filing 84 WAIVER OF SERVICE Returned Executed by Anthony Chambers. (Johnson-Federal Gov, Kristi) |
| Filing 83 **ERROR** Disregard this entry. WAIVER OF SERVICE Returned Executed by Natal. Natal waiver sent on 8/9/2018, answer due 10/9/2018. (Johnson-Federal Gov, Kristi) |
| Filing 82 **ERROR** Disregard this entry. WAIVER OF SERVICE Returned Executed by Roberto Martinez. Roberto Martinez waiver sent on 8/9/2018, answer due 10/9/2018. (Johnson-Federal Gov, Kristi) |
| Filing 81 **ERROR** Disregard this entry. WAIVER OF SERVICE Returned Executed by Hudson. Hudson waiver sent on 8/9/2018, answer due 10/9/2018. (Johnson-Federal Gov, Kristi) |
| Filing 80 **ERROR** Disregard this entry. WAIVER OF SERVICE Returned Executed by Anthony Chambers. Anthony Chambers waiver sent on 8/9/2018, answer due 10/9/2018. (Johnson-Federal Gov, Kristi) |
| DOCKET ANNOTATION as to #80 , #81 , #82 and #83 : Any PDF fillable on-line form once completed should be electronically converted to PDF by printing to the PDF printer. Save the file with an appropriate name in a folder. E-file the electronically converted PDF form, not the form which was filled in and saved. Attorney is advised to refile. |
| Filing 79 REQUEST FOR WAIVER of Service sent to Kristi H. Johnson on 8/9/18. Waiver of Service due by 9/7/2018 (VM) |
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Filing 78
ORDER, the Clerk is directed to issue a Notice of Lawsuit for Defendants Dr. Anthony Chambers, Dr. Roberto Martinez, Dr. Norma Natal, Natasha Hudson, and Jeneen Ratliff, c/o Kristi H. Johnson, U.S. Attorney's Office Jackson, 501 East Court Street, Suite 4.430, Jackson, Mississippi 39201. Counsel is directed to file signed Waivers or a response within 30 days. Signed by Magistrate Judge John C. Gargiulo on 8/9/18 [Copy of Order mailed to Plaintiff] (Attachments: #1 Notice of Lawsuit, #2 Waiver of Service)(VM)
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| Filing 77 REPORT AND RECOMMENDATION re #67 MOTION for Summary Judgment filed by Marcus Weaver, #71 MOTION to Change Venue filed by Marcus Weaver, #57 MOTION to Dismiss , or in the Alternative, Motion for Summary Judgment MOTION for Summary Judgment filed by Hudson, Roberto Martinez, J. Ratliff, Tedd Wall, USA, Jeffrey Ho Lee, Scott Moats, Natal, Anthony Chambers. Signed by Magistrate Judge John C. Gargiulo on 8/9/18 (HM) |
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Filing 76
ORDER denying #70 Plaintiff's Motion to Appoint Expert; denying #70 Plaintiff's Motion to Appoint Counsel. Signed by Magistrate Judge John C. Gargiulo on 8/9/2018 (HM)
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TEXT ONLY ORDER finding moot #72 Plaintiffs "Motion for Ruling." A Report and Recommendation on the parties' competing dispositive motions has been entered. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 8/9/18 (HM)
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| Filing 75 RESPONSE in Opposition re #72 MOTION Ruling on Motion for Summary Judgment and Move for Trial re #67 MOTION for Summary Judgment filed by Anthony Chambers, Jeffery Lee Ho, Hudson, Roberto Martinez, Scott Moats(CD/MD), Natal, J. Ratliff(RN), USA, Tedd Wall(RN) (Johnson-Federal Gov, Kristi) |
| Filing 74 RESPONSE in Opposition re #71 MOTION to Change Venue filed by Anthony Chambers, Jeffery Lee Ho, Hudson, Roberto Martinez, Scott Moats(CD/MD), Natal, J. Ratliff(RN), USA, Tedd Wall(RN) (Johnson-Federal Gov, Kristi) |
| Filing 73 RESPONSE in Opposition re #70 MOTION to Appoint Expert MOTION to Appoint Counsel filed by Anthony Chambers, Jeffery Lee Ho, Hudson, Roberto Martinez, Scott Moats(CD/MD), Natal, J. Ratliff(RN), USA, Tedd Wall(RN) (Johnson-Federal Gov, Kristi) |
| Filing 72 MOTION Ruling on #67 MOTION for Summary Judgment, and for Trial by Marcus Weaver (Attachments: #1 Envelope)(VM) |
| Filing 71 MOTION to Change Venue by Marcus Weaver (Attachments: #1 Envelope)(VM) |
| Filing 70 MOTION to Appoint Expert, and Motion to Appoint Counsel by Marcus Weaver (Attachments: #1 Envelope)(VM) |
| Filing 69 REPLY to Response to Motion re #67 MOTION for Summary Judgment, #68 Response in Opposition to Motion filed by Marcus Weaver (Attachments: #1 Supplement, #2 Envelope)(VM) |
| Filing 68 RESPONSE in Opposition re #67 MOTION for Summary Judgment filed by Anthony Chambers, Jeffery Lee Ho, Hudson, Roberto Martinez, Scott Moats(CD/MD), J. Ratliff(RN), USA, Tedd Wall(RN) (Johnson-Federal Gov, Kristi) |
| Filing 67 MOTION for Summary Judgment by Marcus Weaver (Attachments: #1 Envelope)(VM) |
| Filing 66 NOTICE of Change of Address by Marcus Weaver. (New Address: 1423 Julianne Dr. #11, Marion, IL, 62959) (Attachments: #1 Envelope)(VM) |
| Filing 65 ACKNOWLEDGMENT OF Receipt, re #63 Order denying #59 Plaintiff's Motion to Appoint Counsel and #64 ORDER FOR PLAINTIFF TO SHOW CAUSE, filed by Marcus Weaver. (VM) |
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Filing 64
ORDER FOR PLAINTIFF TO SHOW CAUSE. Plaintiff shall file a response to Defendants' Motion to Dismiss, or in the alternative, Motion for Summary Judgment, on or before 2/20/2018. Signed by Magistrate Judge John C. Gargiulo on 1/30/2018 (HM)
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Filing 63
ORDER denying #59 Plaintiff's Motion to Appoint Counsel. Signed by Magistrate Judge John C. Gargiulo on 1/30/2018 (HM)
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| Filing 62 Mail Returned as Undeliverable as to #60 Order Referring Case to Magistrate Judge. Mail sent to plaintiff. (Attachments: #1 Envelope) (cwl) |
| Filing 61 RESPONSE in Opposition re #59 MOTION to Appoint Counsel filed by Anthony Chambers, Jeffery Lee Ho, Roberto Martinez, Scott Moats(CD/MD), Natal, J. Ratliff(RN), USA, Tedd Wall(RN) (Johnson-Federal Gov, Kristi) |
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Filing 60
ORDER REFERRING CASE to Magistrate Judge Magistrate Judge John C. Gargiulo or all further proceedings to include conducting hearings and submitting to the district judge assigned to this cause proposed findings of fact and recommendations for the disposition of this cause. Signed by District Judge William H. Barbour, Jr on 12/14/2017 (cwl)
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| Filing 59 MOTION to Appoint Counsel by Marcus Weaver (Attachments: #1 Envelope)(MGB) |
| Filing 58 MEMORANDUM in Support re #57 MOTION to Dismiss , or in the Alternative, Motion for Summary Judgment filed by Anthony Chambers, Jeffery Lee Ho, Hudson, Roberto Martinez, Scott Moats(CD/MD), Natal, J. Ratliff(RN), USA, Tedd Wall(RN F.C.I. Pekin) (Johnson-Federal Gov, Kristi) |
| Filing 57 MOTION to Dismiss , or in the Alternative, Motion for Summary Judgment by Anthony Chambers, Hudson, Jeffrey Ho Lee, Roberto Martinez, Scott Moats(CD F.C.I. Pekin), Natal, J. Ratliff(RN F.C.I Yazoo), USA, Tedd Wall(RN F.C.I. Pekin) (Attachments: #1 Exhibit A: SENTRY Assignment History Report, #2 Exhibit B: SENTRY Sentencing Data, #3 Exhibit C: Decl of Dr. Jeffery Lee Ho, #4 Exhibit D: Decl of Scott Moats, #5 Exhibit E: Decl of Ted Wall, #6 Exhibit F: Decl of Dr. Anthony Chambers, #7 Exhibit G: Medical Records, #8 Exhibit H: Decl of Dr. Roberto Martinez, #9 Exhibit I: Decl of Dr. Norma Natal, #10 Exhibit J: Decl of Natasha Hudson, #11 Exhibit K: Decl of Jeneen Ratliff)(Johnson-Federal Gov, Kristi). Added MOTION for Summary Judgment on 11/14/2017 (cwl). |
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Filing 56
ORDER granting #55 Motion for Extension of Time to Answer. USA answer due 11/14/2017. Signed by Magistrate Judge John C. Gargiulo on 10/20/2017 (HM)
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| Filing 55 MOTION for Extension of Time to File Answer Or Other Responsive Pleading by USA (Johnson-Federal Gov, Kristi) |
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Filing 54
ORDER granting #53 Motion for Extension of Time to Answer. Individual Defendants' answers due 11/14/2017. Signed by Magistrate Judge John C. Gargiulo on 9/12/2017 (HM)
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| Filing 53 MOTION for Extension of Time to File Answer Or Otherwise Respond to Plaintiff's Amended Complaint by Anthony Chambers, Jeffery Lee Ho, Hudson, Roberto Martinez, Scott Moats(CD/MD), Natal, J. Ratliff(RN), Tedd Wall(RN) (Johnson-Federal Gov, Kristi) |
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Filing 52
ORDER granting #51 Motion for Extension of Time to Answer. USA answer due 10/24/2017. Signed by Magistrate Judge John C. Gargiulo on 8/25/2017 (HM)
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| Filing 51 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by USA (Johnson-Federal Gov, Kristi) |
| Filing 50 Case Inquiry Report as to Marcus Weaver from Southern District of Illinois. (cwl) |
| Filing 49 Case transferred in from District of Illinois Southern; Case Number 3:16-cv-00271. Original file certified copy of transfer order and docket sheet received. Modified on 8/10/2017 (cwl). |
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Filing 48
MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report andRecommendation in its entirety (Doc. #41 ) and GRANTS Defendant United States' Motion (Doc. #36 ) in part with regard to a change in venue and DENIES in part with regard to dismissal. The Clerk of Court is DIRECTED to TRANSFER this matter to Southern District of Mississippi. Plaintiff's Motion (Doc. 40) to Expedite Decision is moot. Signed by Judge J. Phil Gilbert on 7/18/2017. (jdh) [Transferred from Illinois Southern on 8/10/2017.]
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| Filing 47 Plaintiff's OBJECTIONS to #41 Report and Recommendations by Marcus Weaver. (lmb) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 46 Summons Returned Unexecuted as to Anthony Chambers, Hudson, Roberto Martinez, Natal, J. Ratliff(RN). (jaj) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 45 RETURN OF SERVICE EXECUTED as to Attorney General. (jaj) [Transferred from Illinois Southern on 8/10/2017.] |
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Filing 44
ORDER DENYING #32 Motion for Recruitment of Counsel. Signed by Magistrate Judge Donald G. Wilkerson on 6/23/2017. (nms) [Transferred from Illinois Southern on 8/10/2017.]
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Filing 43
ORDER DENYING #37 Motion for Hearing. Plaintiff asks the Court to hold a hearing on his objection to the Clerk's denial of entry of default. Plaintiff's motion is DENIED. The Clerk properly declined to enter default against Defendant USA as Defendant had been granted an extension of time to file its answer or otherwise respond to Plaintiff's complaint (and Defendant's motion requesting said extension was pending well before Plaintiff's request for entry of default was filed). Signed by Magistrate Judge Donald G. Wilkerson on 6/21/2017. (nms)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 8/10/2017.]
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| Filing 42 Summons Issued as to Anthony Chambers, Jeffery Lee Ho, Hudson, Roberto Martinez, Scott Moats(CD/MD), Natal, J. Ratliff(RN), Tedd Wall(RN). (jaj) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 41 REPORT AND RECOMMENDATIONS re #36 MOTION to Dismiss Pursuant to Rule 12(b)(3) or in the Alternative, Motion for Change of Venue filed by USA, #40 MOTION to Expedite Decision re #36 MOTION to Dismiss Pursuant to Rule 12(b)(3) or in the Alternative, Motion for Change of Venue filed by Marcus Weaver. Objections to R&R due by 7/10/2017. Signed by Magistrate Judge Donald G. Wilkerson on 6/20/2017. (Attachments: #1 Notice)(nms) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 40 MOTION to Expedite Decision re #36 MOTION to Dismiss Pursuant to Rule 12(b)(3) or in the Alternative, Motion for Change of Venue by Marcus Weaver. (jaj) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 39 SUPPLEMENTAL Authorities Supporting the Opposition to Motion to Transfer by Marcus Weaver. Supplement to #38 Response to Motion. (tkm) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 38 RESPONSE to Motion re #36 MOTION to Dismiss Pursuant to Rule 12(b)(3) or in the Alternative, Motion for Change of Venue filed by Marcus Weaver. (jaj) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 37 MOTION for Hearing re #34 Objection by Marcus Weaver. (jaj) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 36 MOTION to Dismiss Pursuant to Rule 12(b)(3) or in the Alternative, Motion for Change of Venue by USA. Responses due by 1/23/2017 (Attachments: #1 Exhibit A, Judgment in a Criminal Case, #2 Exhibit B, Plea Agreement, #3 Exhibit C, Missouri Court Records, #4 Exhibit D, Missouri DOR Records)(Hanna, Adam) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 35 RESPONSE to #34 Objection filed by USA. (Hanna, Adam) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 34 OBJECTION to #27 Clerk's Entry of Default by Marcus Weaver. (jaj) [Transferred from Illinois Southern on 8/10/2017.] |
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Filing 33
ORDER DENYING WITHOUT PREJUDICE #18 Motion to Appoint Counsel. Signed by Magistrate Judge Donald G. Wilkerson on 12/14/2016. (nms) [Transferred from Illinois Southern on 8/10/2017.]
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| Filing 32 MOTION for Recruitment of Counsel by Marcus Weaver. (Attachments: #1 Declaration and Exhibits)(jaj) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 31 NOTICE of Modification re #30 Amended Complaint, per Chambers parties modified. First Amended Complaint against USA, Anthony Chambers, Roberto Martinez, Hudson, J. Ratliff, Scott Moats, Jeffry Lee Ho and Ted Wall. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 94 AMENDED COMPLAINT against Jeffery Lee Ho, Scott Moats, Tedd Wall, filed by Marcus Weaver.(LN, ilcd) |
| Filing 30 FIRST AMENDED COMPLAINT against USA, Anthony Chambers, Roberto Martinez, Hudson, J. Ratliff, Scott Moats, Jeffry Lee Ho and Ted Wall,filed by Marcus Weaver. (Attachments: #1 Exhibit part 1, #2 Exhibit part 2)(trb) Modified on 12/6/2016 (trb). [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 29 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #28 Amended Complaint filed by Marcus Weaver. Incorrect parties selected. Document to be re-filed.(trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 28 Entry Stricken:FIRST AMENDED COMPLAINT against Chambers, Lee Ho, R Martinez, Scott Moats, J. Ratliff, USA, Tedd Wall, Federal Bureau of Prisons, Natal, Hudson, filed by Marcus Weaver. (Attachments: #1 Exhibit part 1, #2 Exhibit part 2)(trb) Modified on 12/2/2016 (trb). [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 27 DENIAL of ENTRY OF DEFAULT By CLERK, on 12/1/2016. (tkm) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 26 MOTION for Entry of Default by Marcus Weaver. (Attachments: #1 Declaration in Support of Motion)(tkm) [Transferred from Illinois Southern on 8/10/2017.] |
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Filing 25
ORDER GRANTING #22 MOTION for Extension of Time to File Answer filed by USA. In light of the Court's ruling granting Plaintiff leave to amend his complaint, Defendant USA shall file an answer, or otherwise respond, to Plaintiff's First Amended Complaint within thirty days following service of said complaint. Signed by Magistrate Judge Donald G. Wilkerson on 12/1/2016. (nms)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 8/10/2017.]
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Filing 24
ORDER GRANTING IN PART AND DENYING IN PART 17 Motion to Amend/Correct; and GRANTING #20 Motion to Include Additional Exhibit. The Clerk of Court is directed to file Plaintiff's proposed amended complaint, along with his accompanying exhibits, as his First Amended Complaint. Signed by Magistrate Judge Donald G. Wilkerson on 12/1/2016. (nms) [Transferred from Illinois Southern on 8/10/2017.]
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Filing 23
ORDER DENYING #19 Motion for Service of Process at Government Expense. The only named defendant in Plaintiff's complaint has already been served. Insofar as Plaintiff seeks to name additional defendants in his proposed amended complaint, any request for service of process is premature. Signed by Magistrate Judge Donald G. Wilkerson on 11/30/2016. (nms)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 8/10/2017.]
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| Filing 22 MOTION for Extension of Time to File Answer by USA. (Hanna, Adam) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 21 NOTICE of Appearance by Adam E. Hanna on behalf of USA (Hanna, Adam) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 20 MOTION to Include Additional Exhibit by Marcus Weaver. (anm) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 19 MOTION for Request of Process of Service by Marcus Weaver. (anm) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 18 MOTION for Appointment of Counsel by Marcus Weaver. (anm) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 17 MOTION to Amend #1 Complaint by Marcus Weaver. Proposed Amended Complaint received and under review. (anm) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 16 SUMMONS Returned Executed USA served on 6/22/2016, answer due 8/22/2016 (see Doc. #15 ). (tjk) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 15 SUMMONS Returned Executed as to Attorney General. (tjk) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 14 SUMMONS Returned Executed as to USAO. (tjk) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 13 Summons Issued as to USA. (tjk) [Transferred from Illinois Southern on 8/10/2017.] |
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. (Action due by 7/20/2016). Signed by Judge J. Phil Gilbert on 6/14/2016. (tjk) [Transferred from Illinois Southern on 8/10/2017.]
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| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (anm) [Transferred from Illinois Southern on 8/10/2017.] |
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Filing 10
ADMINISTRATIVE ORDER 188 REASSIGNING CASE. Case reassigned to Judge J. Phil Gilbert for all further proceedings. Judge Staci M. Yandle no longer assigned to case. All future pleadings shall bear the case number 16-cv-271-JPG. Signed by Chief Judge Michael J. Reagan on 6/6/2016. (anm) [Transferred from Illinois Southern on 8/10/2017.]
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| Initial Prisoner Filing Fee: $98.33 received, receipt number 34625065758 (rah) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 9 Consent Form - IFP Proceedings by Marcus Weaver. (tjk) [Transferred from Illinois Southern on 8/10/2017.] |
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Filing 8
ORDER Directing Monthly Payments be made from Prison Account of Weaver, granting #2 MOTION for Leave to Proceed in forma pauperis filed by Marcus Weaver. Signed by Judge Staci M. Yandle on 4/6/2016. (tjk) [Transferred from Illinois Southern on 8/10/2017.]
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| Filing 7 Prisoner Trust Fund Account Statement by Marcus Weaver. (anm) [Transferred from Illinois Southern on 8/10/2017.] |
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Filing 6
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 9/1/2015 to 3/15/2016 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 Marion United States Penitentiary. (Action due by 5/9/2016.. Signed by Judge Staci M. Yandle on 3/23/2016. (tjk) [Transferred from Illinois Southern on 8/10/2017.]
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| Filing 5 Brief in Support of #1 Complaint by Marcus Weaver. (anm) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 4 Letter to Plaintiff regarding case number. (Attachments: #1 Consent to Magistrate Judge) (anm) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 3 EXHIBITS by Marcus Weaver. Exhibits to #1 Complaint. (anm) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Marcus Weaver. (anm) [Transferred from Illinois Southern on 8/10/2017.] |
| Filing 1 COMPLAINT against Ferando Castillo, Chambers, Mrs. Harbinson, Jeffrey Ho Lee, R Martinez, Scott Moats, Amber L. Nelson, Randall Pass, J. Ratliff, USA, Tedd Wall, J.S. Walton, filed by Marcus Weaver.(anm) [Transferred from Illinois Southern on 8/10/2017.] |
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