Smith v. Nelson et al
| Martino Smith |
| Todd Nelson, Jane Doe, John Doe and Kelly Renzi |
| 1:2018cv01413 |
| November 9, 2018 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2018. A more recent docket listing may be available from PACER.
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| Filing 13 WAIVER OF SERVICE Returned Executed by Martino Smith. Todd Nelson waiver sent on 12/10/2018, answer due 2/8/2019. (KM, ilcd) |
TEXT ORDER entered by Judge Harold A. Baker on 12/14/18. Plaintiff's motion for reconsideration #12 is DENIED. Plaintiff asks the Court to reconsider its Merit Review Order, specifically that part of the Order that dismissed Kelly Renzi as a party Defendant. Plaintiff claims that Renzi was a part of his treatment team that made mental health treatment decisions that violated his Constitutional rights. As the Court explained in its Merit Review Order, the only allegations against Renzi are contained in paragraph 17 of his Complaint. Those allegations do not sufficiently allege that Renzi was personally involved in any deprivation of Plaintiffs Constitutional rights; instead, the allegations seek to hold Renzi liable simply because she was a supervisor. Renzi cannot be held derivatively liable but must have personal involvement in the alleged deprivation. If Plaintiff believes that Renzi was personally involved in a deprivation of his Constitutional rights, he may file a motion for leave to amend his Complaint to include facts showing that Renzi was personally involved. If Plaintiff desires to amend his Complaint, he should file a motion seeking leave to do so in which he identifies the changes that he desires to make in his Complaint. In addition, Plaintiff should attach a complete, proposed amended complaint that, if granted leave to file, will completely replace his original Complaint and will stand on its own without reference to or reliance upon his Original Complaint. Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). The proposed Amended Complaint should explain what all Defendants did or did not do, including any proposed new Defendant(s), and why their actions or inactions violated Plaintiffs constitutional rights. (KM, ilcd)
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| Filing 12 MOTION for Reconsideration re #9 Merit Review Opinion by Plaintiff Martino Smith. Responses due by 12/26/2018. (Attachments: #1 Exhibit)(DS, ilcd) |
| Filing 11 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Todd Nelson on 12/10/2018. (DS, ilcd) |
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Filing 10
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Harold A. Baker on 12/10/2018. See written Order. (DS, ilcd)
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Filing 9
MERIT REVIEW ORDER entered by Judge Harold A. Baker on 12/10/2018. The clerk is directed to enter the standard qualified protective order. The clerk is directed to terminate Kelly Renzi and John and Jane Doe as defendants. The clerk is directed to attempt service on defendant Todd Nelson. Plaintiff's Motions for Counsel #5 and #6 are DENIED, with leave to renew. See written Order. (Rule 16 Deadline 2/8/2019.) (DS, ilcd)
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| Filing 8 PDF with attached Audio File. Court Date & Time [ 12/6/2018 10:09:44 AM ]. File Size [ 1672 KB ]. Run Time [ 00:03:29 ]. (admin). |
| Minute Entry for proceedings held 12/6/2018 before Judge Harold A. Baker. Appearance of the plaintiff by telephone. Merit Review Hearing held. Allegations of the complaint discussed. Written Order entered. (Tape #UR-C 10:09 AM.) (DS, ilcd) |
| Filing 7 Telephone WRIT issued for Martino Smith on 12/6/2018 at 10:00 AM for a Merit Review Hearing before Judge Baker. (Faxed and mailed to Pontiac CC.) (KE, ilcd) |
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TEXT ORDER entered by Judge Harold A. Baker on 11/29/2018. A merit review hearing is set for December 6, 2018, at 10:00 a.m., by telephone conference call from Urbana. The clerk is directed to issue a writ to insure plaintiff's appearance at this merit review hearing. (KE, ilcd)
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| Filing 6 MOTION to Request Counsel by Plaintiff Martino Smith. Responses due by 12/3/2018 (MAS, ilcd) |
| Prisoner Initial Partial Filing Fee received 11/19/2018, in the amount of $1.48; receipt number 14626033291. (VH, ilcd) |
| Filing 5 MOTION to Request Counsel by Plaintiff Martino Smith. Responses due by 11/23/2018. (DS, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER. by Martino Smith. (DS, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Martino Smith.(DS, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 11/29/2018. (Attachments: #1 Notice Regarding Privacy Issues)(DS, ilcd) |
| Filing 1 COMPLAINT against Jane Doe, John Doe, Todd Nelson, Kelly Renzi, filed by Martino Smith.(DS, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 11/9/2018. Plaintiff's Petition to Proceed In Forma Pauperis #3 is granted. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $3.13. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month`s income credited to Plaintiff`s account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff`s account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff`s place of confinement, to the attention of the Trust Fund Office. (copy mailed to the trust fund department at Pontiac CC) (DS, ilcd)
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