Roman v. Melvin et al
| Luis Roman |
| Illinois Department of Corrections, . French, . Moreland, Austin B Vanwaes, Michael Melvin and Terri Kennedy |
| 1:2020cv01022 |
| January 16, 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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| Filing 12 NOTICE of Change of Address to Pinckneyville Correctional Center by Luis Roman (SKR, ilcd) |
| Filing 11 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Michael Melvin, Terri Kennedy, French, Austin B Vanwaes, Moreland, Skeens, Wolf, Hubert, Rhodes on 2/21/2020. (Attachments: #1 Waiver Hubert, #2 Waiver Kennedy, #3 Waiver Melvin, #4 Waiver Moreland, #5 Waiver Rhodes, #6 Waiver Skeens, #7 Waiver Vanwaes, #8 Waiver Wolf)(KE, ilcd) |
Filing 10
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Harold A. Baker on 2/21/2020. See written order. (KE, ilcd)
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Filing 9
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 four claims: (1) an Eighth Amendment claim based upon the conditions of his cells against Defendants Vanwaes, Moreland, Melvin, Kennedy, and French; (2) a Fourteenth Amendment Due Process claim against Defendants Skeens and Wolf for refusing to allow him to call witnesses at his disciplinary hearing; (3) a First Amendment retaliation claim against Defendants Vanwaes, Hubert, and Rhodes, for retaliating against him for filing grievances and for complaining about the conditions of his cells; and (4) an excessive force claim against Defendant Rhodes for physically assaulting him. 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 the defendants pursuant to the Court's standard procedures. The Clerk is further directed to dismiss the Illinois Department of Corrections. The plaintiff cannot maintain his suit against IDOC because it is a state agency entitled to immunity under the Eleventh Amendment. Will v. Mich. Dept of State Police, 491 U.S. 58, 71 (1989). The plaintiff has thirty (30) days from the date of this Order by which to pay the initial, partial filing fee of $7.86 previously 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 held on 2/18/2020 before Judge Harold A. Baker. Appearance by the Plaintiff Luis Roman by telephone. Merit Review Hearing held. Allegations of the complaint discussed. Written order to be entered. (Tape #UR-C: 10:15AM.) (JMB, ilcd) |
| Filing 8 Telephone WRIT issued for Luis Roman on 2/18/2020 at 10:10 AM for a Merit Review Hearing before Judge Baker. (KE, ilcd) |
| Filing 7 Telephone WRIT issued for Luis Roman on 2/18/2020 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 2/18/2020 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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| Filing 6 +++ PRISONER TRUST FUND LEDGER by Luis Roman. (KE, ilcd) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 1/22/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $7.86. 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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| Filing 5 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 1/17/2020. 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 4 MOTION to Request Counsel by Plaintiff Luis Roman. Responses due by 1/13/2020 (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Luis Roman.(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 1/21/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Luis Roman. (Attachments: #1 Exhibit, #2 Summons)(KE, ilcd) |
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