Gonzales v. Baldwin et al
| Roberto Gonzales |
| Kendra Wolf, John Doe, III, John Doe, IV, Glendal French, John Does, John Baldwin, John Doe, Michael Melvin, Jacob Dalton, Alonzo L Boardman, John Doe, II, Jess Potts, T J Francis, . Ramsey, Teri Kennedy, Lee Evans and Brian Posey |
| 1:2019cv01360 |
| November 5, 2019 |
| 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 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 13 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Alonzo L. Boardman on 12/19/2019. (KE, ilcd) |
| Waiver of Service Returned Unexecuted as to Alonzo Boardman, filed by Roberto Gonzales. (KE, ilcd) |
| Filing 12 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Alonzo L. Boardman on 12/13/2019. (KE, ilcd) |
Filing 11
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Harold A. Baker on 12/13/2019. See written order. (KE, ilcd)
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Filing 10
MERIT REVIEW AND CASE MANAGEMENT ORDER entered by Judge Harold A. Baker on 12/13/2019. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that the plaintiff's complaint states three claims: (1) an excessive force claim, in violation of his EighthAmendment rights, against Defendant Boardman; (2) an excessive force claim against the John Doe individuals who sexually assaulted him; and (3) a deliberate indifference claim against the John Doe TACT Team members who acted with deliberate indifference towards his serious medical. Any additional claims shall not be included in the case, except at the Court's discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to attempt service on Defendant Boardman pursuant to the standard procedures. The Clerk is further directed to dismiss all other named defendants (other than a John Doe Defendant) for failure to state a claim upon which relief can be granted. Fed. R. Civ. Pro. 12(b)(6); 28 U.S.C. Sec 1915A. The Court will dismiss the John Doe Defendant if the plaintiff does not timely identify and move to amend his complaint with the John Doe's proper name. The plaintiff's oral motion for counsel is granted. The Court will attempt to find counsel to voluntarily represent him and will advise the parties if the Court is successful in its attempts. The plaintiff has thirty (30) days from the date of this Order by which to pay the initial, partial filing fee imposed by the Court. If the plaintiff fails to pay this fee timely, the Court will dismiss this case. See written order.(Rule 16 Deadline 2/11/2020.) (KE, ilcd)
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| ORAL MOTION to Request Counsel by Plaintiff Roberto Gonzales. (JMB, ilcd) |
| Minute Entry for proceedings held on 12/11/2019 before Judge Harold A. Baker. Appearance for the Plaintiff by Roberto Gonzales by telephone. Merit Review Hearing held. Allegations of the complaint discussed. Written order to be entered. Oral motion by Plaintiff for counsel; motion remains pending for the reasons stated on the record. (Tape #UR-C: 10:08AM.) (JMB, ilcd) |
| Filing 9 Telephone WRIT issued for Roberto Gonzales on 12/11/2019 at 10:10 AM for a Merit Review Hearing before Judge Baker. (KE, ilcd) |
| Filing 8 NOTICE of Change of Address by Roberto Gonzales from Pontiac CC to Menard CC. (DS, ilcd) |
| Filing 7 STRICKEN - Telephone WRIT issued for Robert Gonzales on 12/11/2019 at 10:10 AM for a Merit Review Hearing before Judge Baker. (KE, ilcd) Modified on 12/4/2019 to show stricken as Plaintiff is no longer at Pontiac CC. (KE, ilcd). |
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TEXT ORDER entered by Judge Harold A. Baker on 12/2/2019. A merit review hearing is set for 12/11/2019 at 10:10 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 +++ PRISONER TRUST FUND LEDGER by Roberto Gonzales. (KE, ilcd) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 11/12/2019. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $28.33. 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. (KE, ilcd)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 11/6/2019. Plaintiff's motion to request counsel #4 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review that the Court will conduct in the near future. (KE, ilcd)
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| Filing 5 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) |
| Filing 4 MOTION to Request Counsel by Plaintiff Roberto Gonzales. Responses due by 11/19/2019 (Attachments: #1 Exhibit)(KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Roberto Gonzales.(KE, 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 11/25/2019. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Roberto Gonzales. (Attachments: #1 Exhibits)(KE, ilcd) |
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