Magee v. Thrush et al
| Victor Magee |
| . Myers, . Thrush, Justin Hammers, . McKean, . Kelley, . Bainter, . Redshaw and . Graham |
| 1:2020cv01008 |
| January 8, 2020 |
| 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 March 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 17 WAIVER OF SERVICE Returned Executed by Victor Magee. Thrush waiver sent on 2/21/2020, answer due 4/21/2020; Myers waiver sent on 2/21/2020, answer due 4/21/2020; Kelley waiver sent on 2/21/2020, answer due 4/21/2020; McKean waiver sent on 2/21/2020, answer due 4/21/2020; Graham waiver sent on 2/21/2020, answer due 4/21/2020; Bainter waiver sent on 2/21/2020, answer due 4/21/2020; Redshaw waiver sent on 2/21/2020, answer due 4/21/2020. (KM, ilcd) |
| Filing 16 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Bainter, Graham, Kelley, McKean, Myers, Redshaw, Thrush on 2/21/2020. (Attachments: #1 Waiver Graham, #2 Waiver Kelley, #3 Waiver McKean, #4 Waiver Myers, #5 Waiver Redshaw, #6 Waiver Thrush)(KE, ilcd) |
Filing 15
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 2/21/2020. See written order. (KE, ilcd) (KE, ilcd).
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Filing 14
MERIT REVIEW AND CASE MANAGEMENT ORDER entered by Judge Harold A. Baker on 2/21/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that the plaintiff's complaint states a claim for deliberate indifference to a serious medical need in violation of his Eighth Amendment rights against all named defendants except for Warden Hammers. 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 all of the defendants, except for Defendant Warden Hammers, pursuant to the Court's standard procedures. The Clerk is further directed to dismiss Defendant Warden Hammers because the plaintiff's complaint fails to state a claim against Warden Hammers upon which relief can be granted. 28 U.S.C. Sec 1915A; Fed. R. Civ. Pro. 12(b)(6). See written order. (KE, ilcd)
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| Filing 13 PDF with attached Audio File. Court Date & Time [ 2/19/2020 10:12:20 AM ]. File Size [ 1152 KB ]. Run Time [ 00:02:24 ]. (admin). |
| Minute Entry for proceedings held 2/19/20 before Judge Harold A. Baker. Appearance by Plaintiff Victor Magee by telephone. Merit Review Hearing held. Merits of case discussed. Written Order to be entered. (Tape #UR-C 10:12 AM.) (TC, ilcd) |
| Filing 12 Telephone WRIT issued for Victor Magee on 2/19/2020 at 10:10 AM for a Merit Review Hearing before Judge Baker. (KE, ilcd) |
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TEXT ORDER entered by Judge Harold A. Baker on 1/29/2020. A merit review hearing is set for 2/19/2020 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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TEXT ORDER entered by Judge Colin Stirling Bruce on 1/16/2020. The filing fee in the amount of $4.88 is STRICKEN as filed in the wrong case. (KE, ilcd)
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| STRICKEN - Prisoner Initial Partial Filing Fee received 1/16/2020, in the amount of $ 4.88; receipt number 24626009240 (KE, ilcd) Modified on 1/16/2020 to show stricken as filed in the wrong case. (KE, ilcd). |
| Prisoner Initial Partial Filing Fee received 1/16/2020, in the amount of $ 4.07; receipt number 24626009245 (KE, ilcd) |
| Filing 11 +++ PRISONER TRUST FUND LEDGER by Victor Magee. (KE, ilcd) |
| Filing 10 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 1/28/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 9 Case transferred in from District of Illinois Northern; Case Number 1:20-cv-00007. . |
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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 $ 2.07. 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 8 TRANSFERRED to the Central District of Illinois, Peoria Division the electronic record. (kp, ) |
| Filing 7 MINUTE entry before the Honorable Manish S. Shah: Victor Magee, an Illinois prisoner incarcerated in Pinckneyville Correctional Center, brings this pro se lawsuit regarding events that occurred while he was incarcerated in the Illinois River Correctional Center, in Fulton County, Illinois. He initiated this case in the Southern District of Illinois. That Court observed that the alleged events occurred at Illinois River Correctional Center and stated its intention to transfer this case to the judicial district in which Fulton County is located, which the Court mistakenly identified as the Northern District of Illinois. (Dkt. 4.) In fact, Fulton County is located in the Central District of Illinois, 28 U.S.C. 93(b), where all Defendants appear to be located and all significant events or omissions occurred. This case, moreover, has no discernible connection to the Northern District of Illinois. See 28 U.S.C. 1391 (providing districts in which lawsuits properly may be brought). This case is transferred forthwith to the United States District Court for the Central District of Illinois, Peoria Division, for consideration of Plaintiff's complaint #1 , and application for leave to proceed in forma pauperis #2 , and for whatever other action the transferee court deems appropriate. This case and all pending motions are terminated on this Court's docket. Civil case transferred. Notices mailed. (psm, ) |
| Filing 6 MAILED Prisoner Local Rule 83.15 Letter to all parties of record. (kp, ) |
| Filing 5 RECEIVED from Illinois Southern; Case Number 3:19-cv-01396 (kp) |
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Filing 4
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Northern District of Illinois. Signed by Judge Staci M. Yandle on 12/30/2019. (ksp) [Transferred from Illinois Southern on 1/2/2020.]
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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 19-1396-SMY. 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 Staci M. Yandle on 12/26/2019. (jaj) [Transferred from Illinois Southern on 1/2/2020.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Victor Magee. (jaj) [Transferred from Illinois Southern on 1/2/2020.] |
| Filing 1 COMPLAINT against All Defendants filed by Victor Magee.(jaj) [Transferred from Illinois Southern on 1/2/2020.] |
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