Brown v. Winemiller et al
| Ommen Brown |
| John Baldwin, John Doe, Teri Kennedy and . Winemiller |
| 1:2020cv01349 |
| October 13, 2020 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.
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| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Winemiller on 12/8/2020. (KE, ilcd) |
Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Sue E. Myerscough on 12/8/2020. See written order. (KE, ilcd)
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Filing 6
MERIT REVIEW ORDER entered by Judge Sue E. Myerscough on 12/8/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff states the following constitutional claims against Defendant Winemiller: (1) Eighth Amendment claim for deliberate indifference to a substantial risk of serious harm to Plaintiff from exposure to toxic chemicals and to Plaintiff's need for medical treatment from that exposure; and, (2) First Amendment retaliation claim. 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. Defendants Baldwin and Kennedy are dismissed for failure to state a claim against them. The Court will determine whether Plaintiff states a claim against the John Doe defendant after Plaintiff identifies the John Doe Defendant. Plaintiff must identify the John Doe defendant within 60 days after the scheduling order is entered. Doe defendants cannot be served. The clerk is directed to terminate Defendants Baldwin and Kennedy. The clerk is directed 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 fee: $400, receipt number 14626039126. (JS, ilcd) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 10/29/2020. On 10/14/20, the Court noted that Plaintiff had more than $900.00 in his account when he filed this case. The Court informed Plaintiff that if Plaintiff intends to proceed with this action, the Court would vacate the order granting Plaintiff in forma pauperis status and direct payment of the full filing fee. Plaintiff has indicated that he does intend to pursue this action. Accordingly, the 10/13/20 order granting Plaintiff's petition to proceed in forma pauperis is vacated. Plaintiff is directed to pay the $400.00 filing fee by November 30, 2020, or this action will be dismissed without prejudice. (KE, ilcd)
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TEXT ORDER entered by Judge Sue E. Myerscough on 10/22/2020. Plaintiff's motion for reconsideration of the Court's 10/14/20 order is granted. #5 . Plaintiff asserts that the Court incorrectly construed the incidents in Plaintiff's complaint as occurring in October 2020, which would suggest that Plaintiff did not exhaust his administrative remedies before filing his Complaint. Plaintiff states that the incidents occurred in 2017. Accordingly, the Court's 10/14/20 order is vacated. A merit review order will enter separately. (KE, ilcd)
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| Filing 5 MOTION for Reconsideration and Clarification of his 42 U.S.C. 1983 Civil Rights Complaint by Plaintiff Ommen Brown. Responses due by 11/3/2020 (MAS, ilcd) |
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VACATED - TEXT ORDER entered by Judge Sue E. Myerscough on 10/14/2020. Plaintiff filed this case on October 13, 2020, regarding incidents which began on October 8, 2020, starting with the use of cleaning solvents on the housing unit which caused Plaintiff's eyes to burn and gave him difficulty breathing. Plaintiff seeks $600,000 in damages. A plaintiff who files an action while incarcerated must first exhaust the prison grievance procedure, including all appeals, before filing a lawsuit. 42 U.S.C. Section 1997e(a). Only five days have passed since the incident, which is not enough time to exhaust the prison grievance procedure. While exhaustion is an affirmative defense, the Court may dismiss a case for lack of exhaustion on the Court's own motion if the lack of exhaustion is plain from the face of the complaint. If Plaintiff did not intend to bring an action until after he exhausts his administrative remedies, Plaintiff may file a motion to voluntarily dismiss by October 23, 2020, and the text order assessing a filing fee will be vacated. Additionally, Plaintiff appeared to have more than $900 in his prison account when he filed this case. Plaintiff appears to be able to pay the $400 filing fee in full. If Plaintiff intends to proceed with this action, the Court will vacate the order granting Plaintiff in forma pauperis status and direct payment of the full filing fee. (KE, ilcd) Modified on 10/22/2020 to show vacated pursuant to text order entered 10/22/20. (KE, ilcd).
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| Filing 4 +++ PRISONER TRUST FUND LEDGER by Ommen Brown. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Ommen Brown.(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 11/2/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Ommen Brown. (Attachments: #1 Exhibit, #2 Cover Letter)(KE, ilcd) |
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VACATED - TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Sue E. Myerscough on 10/13/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $62.79. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court within 30 days of this order. 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, including gifts. 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. Plaintiff is ultimately responsible for ensuring that the initial partial filing fee and required monthly payments are made. Failure to do so may result in dismissal of this case. 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, and to Plaintiff. Prisoner Prepayment due by 11/12/2020 (KE, ilcd) Modified on 10/29/2020 to show vacated pursuant to text order entered 10/29/20.(KE, ilcd).
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