Rodriguez v. Hammers et al
| Adrian Rodriguez |
| Jamie Wilson, Melissa Rivera, Todd Shawgo, Justin Hammers and Cherrle Hinthorne |
| 1:2020cv01032 |
| January 23, 2020 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 9, 2020. A more recent docket listing may be available from PACER.
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| Filing 12 WAIVER OF SERVICE Returned Executed by Adrian Rodriguez. Justin Hammers waiver sent on 3/6/2020, answer due 5/5/2020. (KE, ilcd) |
| Filing 11 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Jamie Wilson, Todd Shawgo, Melissa Rivera, Cherrle Hinthorne, Justin Hammers on 3/6/2020. (Attachments: #1 Waiver Hinthorne, #2 Waiver Rivera, #3 Waiver Shawgo, #4 Waiver Wilson)(KE, ilcd) |
Filing 10
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Sue E. Myerscough on 3/6/2020. See written order. (KE, ilcd)
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Filing 9
MERIT REVIEW ORDER entered by Judge Sue E. Myerscough on 3/6/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff states a plausible Eighth Amendment claim for unconstitutional conditions of confinement. This case proceeds solely on the claims identified in this paragraph. 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 order granting Plaintiff's in forma pauperis petition and assessing an initial partial filing fee, if not already done, and to attempt service on Defendants pursuant to the standard procedures. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See written order. (KE, ilcd)
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| Filing 8 Letter from Adrian Rodriguez regarding filing fee. (Trust Fund Check #206244 for $400.00 enclosed.) (KM, ilcd) |
| Filing fee: $ 400, receipt number 24626009625 (JMB, ilcd) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 1/31/2020. The 1/24/20 text order is amended to state that Plaintiff may renew his motion for a preliminary injunction after he pays the filing fee. (KE, ilcd)
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TEXT ORDER entered by Judge Sue E. Myerscough on 1/24/2020. Upon additional review of Plaintiff's trust fund ledgers, though Plaintiff states in his petition to proceed in forma pauperis that he has received no gifts, Plaintiff has actually received over $1,000 in his account since July 2019 and appears to receive regular deposits that will enable him to pay the $400 filing fee in full. The order granting Plaintiff's petition to proceed in forma pauperis is vacated. Plaintiff is directed to pay the $400 filing fee in full by February 28, 2020 or this case will be dismissed without prejudice. On a separate matter, Plaintiff's motion for a preliminary injunction is construed as a motion for a temporary restraining order and is denied. #7 . "[A] preliminary injunction [or temporary restraining order] is an exercise of a very far- reaching power, never to be indulged in except in a case clearly demanding it." Girl Scouts of Manitou Council, Inc. v. Girl Scouts of U.S. of America, 549 F.3d 1079, 1085 (7th Cir. 2008)(internal quotes and quoted cites omitted). Plaintiff's allegations about unsanitary air vents do not allow a plausible inference of immediate danger of irreparable harm. If Plaintiff pays the filing fee and this case is sent for service, then Plaintiff may renew his motion for a preliminary injunction after Defendants have filed an Answer. Plaintiff's motion for the Court to appoint counsel is denied #6 , with leave to renew after Plaintiff demonstrates that he has made reasonable efforts to find counsel on his own. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). This typically requires writing to several lawyers and attaching the responses. If Plaintiff renews his motion, he should set forth how far he has gone in school, any jobs he has held inside and outside of prison, any classes he has taken in prison, and any prior litigation experience he has. (KE, ilcd)
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| Filing 7 MOTION for Preliminary Injunction by Plaintiff Adrian Rodriguez. Responses due by 2/6/2020 (KE, ilcd) |
| Filing 6 MOTION to Request Counsel by Plaintiff Adrian Rodriguez. Responses due by 2/6/2020 (KE, ilcd) |
| Filing 5 +++ PRISONER TRUST FUND LEDGER by Adrian Rodriguez (Attachments: #1 Additional Trust Fund Ledger) (KE, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Adrian Rodriguez. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Adrian Rodriguez.(KE, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield,IL 62701.Merit Review Deadline set for 2/12/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Adrian Rodriguez.(KE, ilcd) (Additional attachment(s) added on 1/23/2020: #1 Exhibits, #2 Summons) (KE, ilcd). |
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VACATED - TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Sue E. Myerscough on 1/23/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $45.64. 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) Modified on 1/24/2020 to show vacated pursuant to text order entered 1/24/2020. (KE, ilcd).
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