English v. Hendrick, et al.
| Jr Mario S English and Mario S English |
| Glendal French, Teri A Kennedy, Amy Burtle, Kevin D Keller, . Hendricks, Emily Ruskin and . Hendrick |
| 1:2019cv01093 |
| March 18, 2019 |
| U.S. District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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This docket was last retrieved on June 27, 2019. A more recent docket listing may be available from PACER.
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Filing 6
MERIT REVIEW ORDER entered by Judge Joe Billy McDade on 6/27/2019. IT IS THEREFORE ORDERED: Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. 1915A. Plaintiff will have 30 days from the entry of this order in which to replead his claims. The pleading is to be captioned Amended Complaint and is to include all of Plaintiff's claims without reference to a prior pleading. Failure to file an amended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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TEXT ORDER entered by Judge Joe Billy McDade on 3/20/2019. Plaintiff has just filed a complaint which has not yet undergone merit review. He also files #5 a request for injunctive relief. Plaintiff's motion is lengthy, giving a history of fights with other inmates and allegedly false disciplinary charges going back to 2003. It appears that Plaintiff is currently in protective custody where, on 9/4/18, he was spit on by inmate Taylor, a "known enemy" and another individual. Plaintiff complains that Taylor is now on the same gallery in close proximity to him. He makes vague claims that he is in imminent danger if he is not kept in protective custody, kept away from enemies and placed on permanent single cell status. Plaintiff does not, however, articulate any specific threat by any specific individual; nor does he allege the imminent transfer out of protective custody and transfer to a cell in close proximity to a known enemy. A preliminary injunction is an "extraordinary and drastic remedy" for which there must be a "clear showing" that Plaintiff is entitled to relief. Mazurek v. Armstrong, 520 U.S. 968, 972 (1997). The party seeking a preliminary injunction must demonstrate (1) some likelihood of success on the merits, (2) that there is no adequate remedy at law, and (3) that he will suffer irreparable harm if the injunction is not granted. Ferrell v. United States Dep't of Housing & Urban Dev., 186 F.3d 805, 811 (7th Cir. 1999). If the moving party is able to establish these three factors, the Court must then balance the harms to both parties using a "sliding scale" analysis, also taking into consideration the effect that granting or denying the injunction will have on the public. "[T]he greater the moving party's likelihood of prevailing on the merits, the less strongly it must show that the balance of harms weighs in its favor." Id. at 811. Here, Plaintiff has provided few details and only conclusory allegations that he is in imminent danger if kept in proximity to known enemies, released to general population and not kept in a single cell. See Smith v. Butler, No.15- 1277, 2016 WL 5395968, at *3 (S.D. Ill. Sept. 27, 2016)("[i]ssuing a preliminary injunction based only on a possibility of irreparable harm is inconsistent with [the Supreme Court's] characterization of injunctive relief as an extraordinary remedy...."). Internal citation omitted. #5 is DENIED.(JS, ilcd)
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| Filing 5 MOTION for Leave to File Petition for a Preliminary Injunction by Plaintiff Mario S English. Responses due by 4/1/2019 (RK, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Mario S English. (RK, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Mario S English.(RK, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. Effective immediately, all documents should be mailed or scanned to the Peoria Division,100 NE Monroe Street,Peoria,IL 61602.Merit Review Deadline set for 4/8/2019. (Attachments: #1 Notice Regarding Privacy Issues)(RK, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Mario S English.(RK, ilcd) |
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TEXT ONLY ORDER granting #3 Petition to Proceed In Forma Pauperis. Plaintiff`s trust fund ledgers indicate he has no funds to make an initial partial payment of the filing fee. Pursuant to 28 U.S.C. Section 1915(b)(4), the initial partial filing fee is waived. 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. Entered by Judge Joe Billy McDade on 3/18/2019. (RK, ilcd)
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