Talley v. Jennings et al
| Durwyn Talley |
| . Lee, . Miller, Joseph Jennings, John Doe, . Quinn, John Baldwin, Heather Cox, . Berry, . Holocker, Sharon Simpson, Terri Kennedy, . Meister, Kimberly Eskins, . Brubaker, . Hamilton, Sarah Johnson, . Green, . Tarter, . Wagner, . Leininger, . Wright, John Doe #2, . Taylor, . Henson and . Cooley |
| 1:2019cv01204 |
| June 18, 2019 |
| U.S. District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 15 MEMORANDUM re #14 MOTION for Temporary Restraining Order MOTION for Permanent Injunction by Durwyn Talley. (JS, ilcd) |
| Filing 14 Urgent MOTION for Permanent Restraining Order and MOTION for Permanent Injunction by Plaintiff Durwyn Talley. Responses due by 8/22/2019 (JS, ilcd) |
TEXT ORDER entered by Judge Michael M. Mihm on 8/7/2019. On 7/23/19, the Court dismiss Plaintiff's complaint at merit review, with leave to replead. The Court noted that Plaintiff is a 3-striker and cannot proceed in forma pauperis as requested, unless under imminent danger of serious physical injury. The Court determined that the only claim which might be construed to allege imminent danger was that certain Defendants had labeled him a snitch, putting him at risk of harm by other inmates. Plaintiff files #12 and #13 , motions for reconsideration of the merit review order. In his motions, Plaintiff asserts that his complaint complied with FRCP 8 (a)(2) but does not address his status as a 3-strike plaintiff. He also alleges that his retaliation, conspiracy, and failure to transfer claims should not have been dismissed. The Court is not persuaded, however, and DENIES #12 and #13 . (SAG, ilcd)
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| Filing 13 MOTION for Reconsideration re #11 Merit Review Opinion by Plaintiff Durwyn Talley. Responses due by 8/19/2019 (Attachments: #1 Exhibit)(FDS, ilcd) |
| Filing 12 MOTION for Reconsideration re #11 Merit Review Order and MOTION to Request Counsel by Plaintiff Durwyn Talley. Responses due by 8/14/2019 (JS, ilcd) |
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Filing 11
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 7/23/2019. IT IS THEREFORE ORDERED: 1. Plaintiff's motion to proceed IFP #7 , is GRANTED pursuant to 28 U.S.C. Section 1915(b)(1). The clerk is directed to assess a partial filing fee and enter the standard order directing the institution at which Plaintiff is held to deduct the filing fee on a monthly basis until it is paid in full. 2. 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 against Defendants Eskins, Quinn, Wright, Holocher, Green, Miller and Meister. The pleading is to be captioned Amended Complaint and is to identify 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. Plaintiff is not to replead any other claims which have been dismissed. If he wishes to proceed on these claims, he must file a separate action with responsibility for prepayment of the $400 filing fee. 3. All other claims will not be included in the case, except in the Court's discretion upon motion by a party for good cause shown, or by leave of court pursuant to Federal Rule of Civil Procedure 15. All other Defendants are DISMISSED. 4. Plaintiff files #5 , a Motion for Change of Venue and Substitution of Judge. Plaintiff asserts that the Court, as well as Judges Myerscough, Shadid, Judge McDade and Baker of the Central District of Illinois, have previously dismissed his claims. Plaintiff fails, however,to allege any bias and #5 is DENIED. 5. Plaintiff files #6 , an Urgent Motion requesting a copy of his complaint and theattached exhibits. Plaintiff is reminded that it is his responsibility to keep copies of all his filings in this case. The clerk is directed, this time only, to provide Plaintiff a copy of his 28-page complaint at no charge. In the future, should Plaintiff seek additional documents, he will be charged $.10 per page for the photocopying. 6. Plaintiff files #10 , an emergency notice and motion for status update. He includes with the filing, a renewed motion for change of venue and substitution of judge. To the extent that #10 request a status update, it is rendered MOOT by this order. #10 is otherwise DENIED. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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TEXT ORDER granting #7 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $6.83. 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. Entered by Judge Michael M. Mihm on 7/23/2019. (SAG, ilcd)
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| Filing 10 EMERGENCY MOTION for Status Update by Plaintiff Durwyn Talley. Responses due by 7/26/2019 (JS, ilcd) |
| Filing 9 +++ PRISONER TRUST FUND LEDGER. (JS, ilcd) |
| Filing 8 Letter from Clerk of Court to Pontiac CC Trust Fund Dept requesting ledgers 12/18/18 through 6/18/19 (SAG, ilcd) |
| Filing 7 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Durwyn Talley.(JS, ilcd) |
| Filing 6 Plaintiff's Urgent MOTION For a Copy of The Complaint and Exhibits Filed In This Case (JS, ilcd) Modified on 6/21/2019 (JS, ilcd). |
| Filing 5 Plantiff's MOTION to Change Venue and Substitution of Judges by Plaintiff Durwyn Talley. Responses due by 7/5/2019 (JS, ilcd) |
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Filing 4
TEXT ORDER entered by Judge Michael M. Mihm on 6/18/2019. Plaintiff has filed a Complaint but has not paid the $400 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $400 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 15 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. (SAG, ilcd)
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| Filing 3 +++ PRISONER TRUST FUND LEDGER. by Durwyn Talley (SAG, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Michael Mihm. 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 7/8/2019. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Durwyn Talley.(SAG, ilcd) |
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