Cook v. Marshall County Sheriff's Department et al
| Joseph Cook |
| Marshall County Sheriff's Department, Wayne Strawn, . Hatton, Jane Doe, John Doe, II and John Doe |
| 1:2019cv01410 |
| December 20, 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 February 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 15 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Hatton on 2/12/2020. (KE, ilcd) |
Filing 14
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Harold A. Baker on 2/12/2020. (KE, ilcd)
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| Filing 13 AMENDED COMPLAINT against Jane Doe, John Doe, John Doe, II,. Hatton, filed by Joseph Cook.(KE, ilcd) |
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Filing 12
MERIT REVIEW AND CASE MANAGEMENT ORDER entered by Judge Harold A. Baker on 2/12/2020. The plaintiff's motion for leave to file amended complaint #11 is granted. Pursuant to its merit review of the Amended Complaintunder 28 U.S.C. Sec 1915A, the Court finds that the plaintiff states aDue Process claim under the Fourteenth Amendment against JohnDoe and Jane Doe. Because the Court cannot effect service ofprocess upon John Doe or Jane Doe, Jail Administrator Hatton willremain as a defendant to effect service of process upon him, andthe plaintiff will need to file an amended complaint in the future asexplained above. Any additional claims shall not be included in thecase except at the Court's discretion and on a motion by a party forgood cause shown or pursuant to Federal Rule of Civil Procedure15. The Clerk of the Court is directed to effect service of process upon Jail Administrator Hatton pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss allother named Defendants for failure to state a claim against themupon which relief can be granted. 28 U.S.C. Sec 1915A; Fed. R. Civ.Pro. 12(b)(6). John Doe Defendant and Jane Doe Defendant willremain at this time. The Clerk of the Court is directed to enter the standardqualified protective order pursuant to the Health InsurancePortability and Accountability Act. See written order. (KE, ilcd)
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| Filing 11 MOTION for Leave to File Amended Complaint by Plaintiff Joseph Cook. Responses due by 2/21/2020. (DS, ilcd) |
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Filing 10
MERIT REVIEW AND CASE MANAGEMENT ORDER entered by Judge Harold A. Baker on 1/29/2020. The plaintiff's complaint is DISMISSED WITHOUT PREJUDICE because it fails to state a claim upon which relief can be granted. 28 U.S.C. Sec 1915A; Fed. R. Civ. Pro. 12(b)(6). The plaintiff is given leave to file a proposed amended complaint that complies with the dictates of this Order. The plaintiff should file his proposed amended complaint within thirty (30) days from the date of this Order. If the plaintiff fails to do so, the Court will dismiss this case. The plaintiff also 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. (KE, ilcd)
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| Minute Entry for proceedings on 1/28/2020 before Judge Harold A. Baker. Merit Review Hearing not held. Written order to be entered. (Tape #not recorded.) (JMB, ilcd) |
| Filing 9 Telephone WRIT issued for Joseph Cook on 1/28/2020 at 10:45 AM for a Merit Review Hearing before Judge Baker. (KE, ilcd) |
| Prisoner Initial Partial Filing Fee received 1/16/2020, in the amount of $ 4.88; receipt number 24626009240 (KE, ilcd) |
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TEXT ORDER entered by Judge Harold A. Baker on 1/16/2020. A merit review hearing is set for 1/28/2020 at 10:45 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 8 +++ PRISONER TRUST FUND LEDGER by Joseph Cook (KE, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 1/8/2020. Plaintiff's petition for leave to proceed in forma pauperis is granted #2 . Pursuant to 28 U.S.C. Section 1915(b) (1), Plaintiff is assessed an initial partial filing fee of $ 4.88. 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 shall 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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| Filing 7 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) |
| Filing 6 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 1/9/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 5 Case transferred in from District of Illinois Southern; Case Number 3:19-cv-01372. . |
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Filing 4
ORDER TRANSFERRING CASE to the United States District Court for the Central District of Illinois - Peoria Division. Signed by Judge J. Phil Gilbert on 12/19/2019. (jsy)
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Filing 3
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-cv-1372-JPG. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge J. Phil Gilbert on 12/18/2019. (jsm2)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Joseph Cook. (jsm2) |
| Filing 1 COMPLAINT against All Defendants, filed by Joseph Cook.(jsm2) |
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