Talley v. Jeffries et al
| Durwyn Talley |
| Leonta Jackson, . Solrol, . Miller, Joseph Jennings, . Klieber, . Cook, . Bailey, Glendal French, Michele Howell, . Cox, Andrew Tilden, Rob Jeffries, Kelly Renzi, . Lewis, . Biros, . Foster, . Strieber, . Frazier, . Bolte, . Shelton, John Eilers, Sherry Benton and . Berry |
| 1:2020cv01433 |
| December 14, 2020 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 5, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 Plaintiff's Renewed MOTION for Judge Joe B. McDade to Recuse Himself by Plaintiff Durwyn Talley. Responses due by 2/19/2021 (JS, ilcd) |
TEXT ORDER entered by Judge Joe Billy McDade on 1/20/2021. Plaintiff files #10 , a motion for change of venue or in the alternative substitution of judge. Plaintiff asserts that the Court did not follow the law when it dismissed his complaint at merit review, finding that plaintiff, a 3-striker, had failed to allege imminent danger. Plaintiff also claims bias by the Court, alleging that the Court has dismissed other of his cases. Plaintiff asks for a different judge or that the case be transferred to the Northern District. The Court, however, issued a well-reasoned opinion on the merits of Plaintiffs complaint, citing caselaw in support. In addition, to support a claim of bias, Plaintiff must identify facts which are "sufficiently definite and particular to convince a reasonable person that bias exists; simple conclusions, opinions, or rumors are insufficient." Tezak v. United States, 256 F.3d 702, 717 (7th Cir. 2001) (internal citations omitted). "Actual bias under 144 must show some personal animus or malice on the part of the judge." Id. at 718. Plaintiff does not provide any such detail, only alleging that the Court has dismissed other cases. Plaintiff, however, is a prodigious filer and has had a number of cases dismissed as frivolous, hence his 3-strikes status. #10 is DENIED. (SAG, ilcd)
|
| Filing 10 MOTION to Change Venue or in the alternative for a substitution of Judges by Plaintiff Durwyn Talley. Responses due by 2/2/2021. (KB, ilcd) |
| Filing 9 MOTION for Reconsideration re #8 Merit Review Order by Plaintiff Durwyn Talley. (KB, ilcd) Modified on 1/22/2021 to correct event (SAG, ilcd). |
|
Filing 8
MERIT REVIEW ORDER and ORDER ON INJUNCTIVE RELIEF entered by Judge Joe Billy McDade on 1/12/2021. IT IS THEREFORE ORDERED: 1. Plaintiff's IFP petition #3 is DENIED, as the 3-strikes Plaintiff has failed to plead that he is in imminent dangers of serious physical injury. 28 U.S.C. 1915(g). Plaintiff will be given 30 days in which to pay the $402.00 filing fee. The failure to do so will result in the dismissal of this case without prejudice for failure to pay the filing fee. 2. Plaintiff's motion for injunctive relief #6 , is rendered MOOT by his subsequently filed amended motion #7 . Plaintiff's amended motion for temporary restraining order and permanent injunction is DENIED as Plaintiff has not established some likelihood that he would prevail on the merits of his claims. 3. Plaintiff's motion for recruitment of pro bono counsel #5 is DENIED with leave to reassert upon full payment of the filing fee. SEE FULL WRITTEN ORDER.(SAG, ilcd)
|
| Filing 7 AMENDED MOTION for a Permanent Restraining Order/Temporary Restraining Order and MOTION for Permanent or Preliminary Injunction by Plaintiff Durwyn Talley. Responses due by 1/14/2021 (JS, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. Effective immediately, all documents should be mailed or scanned to the Peoria Division, 100 NE Monroe Street, Peoria, IL 61602. Merit Review Deadline set for 1/4/2021. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 6 MOTION for a Permanent Restraining Order/Temporary Restraining Order and MOTION for Permanent or Preliminary Injunction by Plaintiff Durwyn Talley. Responses due by 12/28/2020 (SAG, ilcd) |
| Filing 5 MOTION to Request Counsel by Plaintiff Durwyn Talley. Responses due by 12/28/2020 (SAG, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER. by Durwyn Talley (SAG, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Durwyn Talley.(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Durwyn Talley.(SAG, ilcd) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
