Talley v. McGorsie et al
| Durwyn Talley |
| Leonta Jackson, Timothy McGorsie, John Doe #1, John Baldwin, Joseph Jennings, . French, Cox, Tilden, Rob Jeffries, Teri Kennedy, Scanning Pontiac, UIC-University of Illinois at Chicago, Timothy McGorisk, Andrew Tilden and Warden Teri Kennedy |
| 1:2020cv01455 |
| December 29, 2020 |
| US District Court for the Central District of Illinois |
| Harold A Baker |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on February 24, 2021. A more recent docket listing may be available from PACER.
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| Filing 43 MOTION for Leave to File Amended Complaint With Correction of A Name by Plaintiff Durwyn Talley. Responses due by 3/9/2021 (AEM) Modified on 2/25/2021 to correct filing date(TK). |
| Filing 42 Plaintiff's Objection to Defendant's Motion for Leave to File Reply to Plaintiff's Consolidated Response to Defendant's Motion to Revoke IFP Status filed by Durwyn Talley. (AH, ilcd) |
| Filing 41 REPLY to Response to Motion re #28 MOTION Revoke IFP Status re #11 MOTION for Leave to Proceed in forma pauperis filed by Defendant Andrew Tilden. (SAG, ilcd) |
| Filing 40 MOTION for Reconsideration re #36 by Plaintiff Durwyn Talley. Responses due by 2/22/2021 (AEM, ilcd) Modified on 2/10/2021 to correct date of filing (SAG, ilcd). |
TEXT ORDER entered by Judge Harold A. Baker on 2/9/2021. Defendant's motion for leave to file a reply to Plaintiff's response to the motion to revoke IFP status is granted #39 . The Clerk is directed to file the attached reply. (SAG, ilcd)
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| Filing 39 MOTION for Leave to File Reply to Plaintiff's Consolidated Response to Defendants' Motions to Revoke Plaintiff's IFP Status by Defendant Andrew Tilden. Responses due by 2/22/2021 (Attachments: #1 Supplement)(Taylor, Bradley) |
| Filing 38 NOTICE of Change of Address by Bradley James Taylor (Taylor, Bradley) |
| Filing 37 Plaintiffs Combined Response to Defendants Motion to Revoke Plaintiffs IFP Status re #31 MOTION re #11 MOTION for Leave to Proceed in forma pauperis Revoke IFP filed by Plaintiff Durwyn Talley. (AEM, ilcd) |
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Filing 36
CASE MANAGEMENT ORDER entered by Judge Harold A. Baker on 2/2/2021. IT IS THEREFORE ORDERED: 1) Plaintiff's motion for a temporary restraining order and preliminary injunction is denied. #15 2) Plaintiff must file a response to the two pending motions to revoke his IFP status on or before February 23, 2021. Plaintiff is admonished if he fails to file a response on or before February 23, 2021, the motions will be considered without further input from the Plaintiff. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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Filing 35
CASE MANAGEMENT ORDER entered by Judge Harold A. Baker on 2/2/2021. IT IS THEREFORE ORDERED Plaintiff's motion to substitute judges and transfer his case to the Northern District is DENIED. #30 . SEE FULL WRITTEN ORDER. (SAG, ilcd)
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| Filing 34 OBJECTION to Text Order entered 1/26/2021 by Durwyn Talley. (SAG, ilcd) |
| Filing 33 RESPONSE to Motion re #15 MOTION for Temporary Restraining Order filed by Defendant Timothy McGorisk. (Attachments: #1 Exhibit Declaration and CV McGorisk, #2 Exhibit Declaration and CV Uzer)(Barry, Michael) |
| Filing 32 MEMORANDUM in Support re #31 MOTION re #11 MOTION for Leave to Proceed in forma pauperis Revoke IFP filed by Defendant Timothy McGorisk. (Attachments: #1 Exhibit Declaration and CV McGorisk, #2 Exhibit Medical Records, #3 Exhibit Declaration and CV Uzer)(Barry, Michael) |
| Filing 31 MOTION re #11 MOTION for Leave to Proceed in forma pauperis Revoke IFP by Defendant Timothy McGorisk. Responses due by 2/10/2021 (Barry, Michael) |
| Filing 30 MOTION to Change Venue and Substitution of Judges by Plaintiff Durwyn Talley. Responses due by 2/9/2021 (AEM, ilcd) |
| Filing 29 MEMORANDUM in Support re #28 MOTION Revoke IFP Status re #11 MOTION for Leave to Proceed in forma pauperis filed by Defendant Tilden. (Attachments: #1 Exhibit A, #2 Exhibit B)(Taylor, Bradley) |
| Filing 28 MOTION Revoke IFP Status re #11 MOTION for Leave to Proceed in forma pauperis by Defendant Tilden. Responses due by 2/9/2021 (Taylor, Bradley) |
| Filing 27 RESPONSE to Motion re #15 MOTION for Temporary Restraining Order filed by Defendant Tilden. (Attachments: #1 Exhibit A, #2 Exhibit B)(Taylor, Bradley) |
| Filing 26 ANSWER to #17 Amended Complaint by Tilden.(Taylor, Bradley) |
| Filing 25 NOTICE of Appearance of Attorney by Bradley James Taylor on behalf of Tilden (Taylor, Bradley) |
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TEXT ORDER entered by Judge Harold A. Baker on 1/26/2021. Plaintiff must file a response to Defendant's Motion to Revoke his IFP status on or before February 16, 2021.(SAG, ilcd)
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| Set/Reset Deadlines: Prisoner Prepayment due by 2/8/2021 (SAG, ilcd) |
| Filing 24 NOTICE of Appearance of Attorney by Michael Anthony Barry on behalf of Timothy McGorsie (Barry, Michael) |
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TEXT ORDER entered by Judge Harold A. Baker on 1/21/2021. Plaintiff's motion for a substitute of judge is denied as moot #22 . This case has been reassigned within the district. Plaintiff also asks the Court to transfer his case back to the Northern District of Illinois since Defendant Dr. Timothy McGorsie is a Chicago resident #22 . The Northern District of Illinois considered Plaintiff's claim before transferring this case to the Central District on December 29, 2020. "The complaint's allegations almost exclusively to events that have occurred during Plaintiff's incarceration at Pontiac. Regardless of whether venue lies in this District due to Plaintiff naming UIC University of Illinois at Chicago as a defendant, the appropriate course is to transfer this suit to the Central District of Illinois." See 28 U.S.C. 1404(a), 1406(a). December 28, 2020, Order, citing 28 U.S.C. 1404(a), 1406(a). Therefore, the motion to transfer this case back to the Northern District of Illinois is also denied. (SAG, ilcd)
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TEXT ORDER entered by Chief Judge Sara Darrow on 1/21/2021. This matter is reassigned to Judge Harold A. Baker for further proceedings.(SAG, ilcd)
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TEXT ORDER REASSIGNING CASE entered by Judge James E. Shadid on 1/21/2021. Judge Shadid disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. 455. This case is referred to Chief Judge Sara Darrow for reassignment.(SAG, ilcd)
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| Filing 23 OBJECTION to #16 Merit Review Opinion,by Durwyn Talley. (AEM, ilcd) |
| Filing 22 MOTION for Substitution of Judge and Change of Venue by Plaintiff Durwyn Talley. Responses due by 1/26/2021 (AEM, ilcd) |
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TEXT ORDER entered by Judge James E. Shadid on 1/8/2021. Plaintiff has submitted a second, exact copy of his previously filed motion for emergency injunctive relief #20 . The motion is denied as repetitive #20 . The Court will consider the first motion filed. Plaintiff is admonished he must not file repetitive documents with the Court. (SAG, ilcd)
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| Filing 21 WAIVER OF SERVICE Returned Executed by Durwyn Talley. Tilden waiver sent on 1/7/2021, answer due 3/8/2021. (SAG, ilcd) |
| Filing 20 SECOND MOTION for Preliminary Injunction, MOTION for Permanent Injunction, MOTION for Temporary Restraining Order by Plaintiff Durwyn Talley. Responses due by 1/21/2021 (SAG, ilcd) |
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Filing 19
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge James E. Shadid on 1/7/2021. (SAG, ilcd)
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| Filing 18 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Timothy McGorsie, Tilden on 1/7/2021. (Attachments: #1 waiver 2)(SAG, ilcd) |
| Filing 17 AMENDED COMPLAINT against Timothy McGorsie, Tilden, filed by Durwyn Talley.(SAG, ilcd) |
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Filing 16
MERIT REVIEW ORDER entered by Judge James E. Shadid on 1/7/2021. IT IS FURTHER ORDERED THAT THE CLERK IS DIRECTED TO: 1) Grant Plaintiff's motion for leave to amend his complaint, #14 ; 2) Dismiss all Defendants except Dr. McGorsie and Dr. Tilden for failure to state a claim upon which relief can be granted pursuant to by 28 U.S.C. 1915A; 3) Deny Plaintiff's motion for appointment of counsel, #13 ; 3) Attempt expedited service on the Defendants; 4) Set an internal court deadline 60 days from the entry of this order for the court to check on the status of service and enter scheduling deadlines; and 5) enter the Court's standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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TEXT ORDER entered by Judge James E. Shadid on 1/7/2021. Plaintiff's petition for leave to proceed in forma pauperis is granted #11 . Pursuant to 28 U.S.C. Section 1915(b) (1), Plaintiff is assessed an initial partial filing fee of $1.83. 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. (SAG, ilcd)
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| Filing 15 MOTION for Temporary or Permanent Restraining Order by Plaintiff Durwyn Talley. Responses due by 1/19/2021 (AEM, ilcd) |
| Filing 14 MOTION for Leave to File Amended Complaint by Plaintiff Durwyn Talley. Responses due by 1/19/2021 (AEM, ilcd) |
| Filing 13 MOTION to Request Counsel by Plaintiff Durwyn Talley. Responses due by 1/19/2021 (AEM, ilcd) |
| Filing 12 +++ PRISONER TRUST FUND LEDGER. by Durwyn Talley (AEM, ilcd) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Plaintiff Durwyn Talley. Responses due by 1/19/2021 (AEM, ilcd) |
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Filing 10
TEXT ORDER entered by Judge James E. Shadid on 12/29/2020. Plaintiff has filed a Complaint but has not paid the $402 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $402 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. (KE, ilcd)
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| Filing 9 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. 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 1/19/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 8 Case transferred in from District of Illinois Northern; Case Number 1:20-cv-07531. . |
| Filing 7 TRANSFERRED to the Central District of Illinois the electronic record. (bg, ) |
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Filing 6
ORDER: On the court's own motion, this lawsuit is transferred to the Central District of Illinois pursuant to 28 U.S.C. 1404(a) or 1406(a). The Clerk is directed to effectuate the transfer forthwith. Civil case transferred. Signed by the Honorable Gary Feinerman on 12/28/2020. Mailed notice. (bg, )
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| Filing 5 LETTER from Durwyn Talley dated 12/16/2020. (Exhibits) (Envelope postmarked 12/17/2020) (bg, ) |
| Filing 4 AFFIDAVITS of Durwyn Talley (bg, ) |
| Filing 3 LETTER from Durwyn Talley dated 12/10/2020. (bg, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (aee, ) |
| Filing 1 RECEIVED Complaint and no copies by Durwyn Talley (Exhibits). (Attachments: #1 Complaint Part 2, #2 Complaint Part 3)(aee, ) |
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