Talley v. Hinton et al
| Durwyn Talley |
| Leonta Jackson, . Miller, Joseph Jennings, Rob Jeffreys, . Sokol, Melvin Hinton, . Bailey, Glendal French, Michele Howell, . Cox, . Foster, Kelly Renzi, Teri Anderson, . Lewis, . Biros, Sarah Johnson, . Frazier, . Webber, . Bolte, . Shelton, John Eilers, . Berry, Alyssa Williams and Illinois Department of Corrections |
| 1:2021cv01011 |
| January 7, 2021 |
| 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 5, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 Short Record of Appeal Sent to US Court of Appeals regarding #18 Notice of Appeal (KB) |
| Filing 18 NOTICE OF APPEAL as to Order entered on 2/2/2021 dismissing the plaintiff's imminent danger complaint and denial of plaintiff's objection to that dismissal on February 9. 2021 by Durwyn Talley. (SKN) |
TEXT ORDER entered by Judge Sue E. Myerscough on 2/11/2021. Plaintiff's motion for leave to file additional exhibits is granted. #17 The Court has reviewed the exhibits, which consist primarily of Plaintiff's grievances, and remains of the opinion that Plaintiff is not in imminent danger of serious physical injury. The responses to the grievances reflect that Plaintiff's concerns for his own safety were referred to Internal Affairs or others for investigation. Additionally, Plaintiff's allegations in the Rasho case were forwarded to the court monitor in that case. That Plaintiff has not received his requested relief in this casea transfer to a different prisonis not grounds to conclude that Plaintiff is in imminent danger of serious physical injury. (KB, ilcd)
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| Filing 17 PLAINTIFF'S URGENT JUDICIAL NOTICE and MOTION for Leave to File Additional Exhibits by Plaintiff Durwyn Talley. Responses due by 2/24/2021 (Attachments: #1 Exhibits)(SKN, ilcd) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 2/9/2021. Inmate Durwyn Talley has struck out, 28 U.S.C. Sec 1915(g), and the Seventh Circuit has barred Mr. Talley from filing anything until Mr. Talley has paid all outstanding fees. An exception to the filing ban is if Mr. Talley is in "imminent danger of serious physical injury, and requests judicial aid in bringing that danger to an end. Whether such a danger exists is a question for the district judge, and Talley's claim of danger will not be automatically accepted." [Seventh Circuit Mack Order and amendment filed in Talley v. Renzi, 20-cv-1159, CDIL.] On February 2, 2021, the Court dismissed this case without prejudice, concluding that Plaintiff did not appear to be in imminent danger of serious physical injury. Plaintiff moves to strike the affidavit upon which the Court relied and also seeks recusal of the Court. Plaintiff's motion for recusal is denied. #16 Adverse rulings are not, by themselves, grounds for recusal. See Khor Chin Lim v. Courtcall, Inc., 683 F.3d 378 (7th Cir. 2012)("Adverse decisions do not establish bias or even hint at bias."). Plaintiff's motion to strike is construed as a motion to reconsider the Court's 2/2/21 ruling. The motion is denied. #15 The Court remains of the opinion, based on the affidavits provided by Defendants, that Plaintiff is not in imminent danger of serious physical injury. Having a hearing on the matter would not be productive in the Courts opinion. Listening to the parties reiterate their written positions would not assist the Court. (KB, ilcd)
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| Filing 16 MOTION for Recusal of Judge Sue E. Myerscough by Plaintiff Durwyn Talley. Responses due by 2/22/2021 (ME, ilcd) |
| Filing 14 OBJECTION to Court's Order entered 2/2/2021 by Durwyn Talley. (ME, ilcd) |
| Filing 15 MOTION to Strike Defendants Second Notice of Compliance Mentioning Counselor Webber as Well as His False Affidavit - Given for the Second Time in Two Difference Case #11 , #10 by Plaintiff Durwyn Talley. Responses due by 2/19/2021 (ME, ilcd) |
| Filing 13 Plaintiff's Response to Defendant Leonte Jackson Notice of Compliance with the Court's January 11, 2021 Order by Durwyn Talley. (SKN, ilcd) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 2/2/2021. Inmate Durwyn Talley has struck out, 28 U.S.C. Sec 1915(g), and the Seventh Circuit has barred Mr. Talley from filing anything until Mr. Talley has paid all outstanding fees. An exception to the filing ban is if Mr. Talley is in "imminent danger of serious physical injury, and #12 requests judicial aid in bringing that danger to an end. Whether such a danger exists is a question for the district judge, and Talley's claim of danger will not be automatically accepted." [Seventh Circuit Mack Order and amendment filed in Talley v. Renzi, 20-cv-1159, CDIL.] Mr. Talley alleges in this case that he will be released from segregation in a few weeks and will then be at a substantial risk of attack from other inmates. Karl Webber, a correctional counselor who has interacted with Plaintiff, avers that Plaintiff has not relayed any fears to Counselor Webber regarding Plaintiff's physical safety. Additionally, Counselor Webber avers that Plaintiff's status is currently designated as "mental health status, which means that Plaintiff is placed in a one-man cell and cuffed and escorted when Plaintiff moves anywhere out of his cell, and that this status is safer than protective custody. [Webber Aff.] Plaintiff does not appear to be in imminent danger of serious physical injury. Accordingly, this case is dismissed, without prejudice, for failure to pay the filing fee in this case and failure to demonstrate payment of all outstanding fees. Pending motions are moot. #3 , #5 . The clerk is directed to close this case. No judgment will enter. (KE, ilcd) Modified on 2/4/2021 to correct typographical error. (KE, ilcd).
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| Filing 12 Plaintiff's Second Urgent Judicial Notice to the Court by Plaintiff Durwyn Talley. (GL, ilcd) |
| Filing 11 Exhibit re #10 Notice (Other) by Leonta Jackson. (Attachments: #1 Exhibit 2)(Lawson, Joshua) |
| Filing 10 NOTICE of Compliance re Order,,,,,, Set/Reset Motion and R&R Deadlines/Hearings,,,,, (Lawson, Joshua) |
| Filing 9 URGENT NOTICE to the Court and AFFIDAVITS Regarding Imminent Danger by Plaintiff Durwyn Talley. (ME, ilcd) |
| Filing 8 OBJECTION to Text Order of 1/11/2021 by Durwyn Talley. (Attachments: #1 Objection Part 2)(GL, ilcd) |
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 1/19/2021. The motion to substitute Attorney Lawson for Attorney Schott is granted. #7 . (KE, ilcd)
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| Filing 7 MOTION to Substitute Attorney, Bridget Schott to be replaced by Joshua Lawson, by Defendant Rob Jeffreys. Responses due by 1/28/2021 (Lawson, Joshua) |
| Filing 6 NOTICE of Appearance of Attorney by Joshua Michael Lawson on behalf of Rob Jeffreys (Lawson, Joshua) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 1/11/2021. Inmate Durwyn Talley has struck out, 28 U.S.C. Sec 1915(g), and the Seventh Circuit has barred Mr. Talley from filing anything until Mr. Talley has paid all outstanding fees. An exception to the filing ban is if Mr. Talley is in "imminent danger of serious physical injury, and [] requests judicial aid in bringing that danger to an end. Whether such a danger exists is a question for the district judge, and Talley's claim of danger will not be automatically accepted." [Seventh Circuit Mack Order and amendment filed in Talley v. Renzi, 20-cv-1159, CDIL.] Mr. Talley alleges in this case that he will be released from segregation in a few weeks and will then be at a substantial risk of attack from other inmates. The clerk is directed to add Illinois Assistant Attorney General Bridget Schott to the docket in this case. Ms Schott is handling one of Plaintiff's other cases in this district alleging imminent danger. By January 29, 2021, Ms Schott is directed to file a response to Plaintiff's motion for a temporary restraining order. The response shall attach the Warden's affidavit setting forth Plaintiff's current housing placement, Plaintiff's allegations that he is or will shortly be at risk of attack from other inmates, and Plaintiff's ability to seek protective custody. (KE, ilcd)
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| Filing 5 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Plaintiff Durwyn Talley. Responses due by 1/21/2021 (KE, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Durwyn Talley. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Durwyn Talley.(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 1/27/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Durwyn Talley.(KE, ilcd) |
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