Hughes v. Nicklaus et al
| Michael Hughes |
| Sonya Nicklaus, Leonta Jackson, . Marshauwn, . Tuell, . Tilden, . Alison, C Hansen, . Cox, . Nicky and . Zahts |
| 1:2021cv01034 |
| January 25, 2021 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 24, 2021. A more recent docket listing may be available from PACER.
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| Filing 15 NOTICE of Appearance of Attorney by Jason Joseph Weigand on behalf of. Cox, Leonta Jackson,. Nicky (Weigand, Jason) |
| NOTICE: The Clerk of the Court has been informed by Illinois Department of Corrections that effective immediately, Plaintiff has been released from Pontiac Correctional Center. The Illinois Department of Corrections has conveyed this information simply as a courtesy to the Clerk of the Court.Plaintiff is reminded that he is under a continuing obligation to keep the Clerk and each opposing party informed of any change in his location. Pursuant to Central District of Illinois Local Rule 16.3(K), every pro se plaintiff must notify the Clerk of this court in writing of any change of address during the entire pendency of his case. It is not the Court's responsibility to independently maintain current addresses on all parties to pending actions. As a courtesy to Plaintiff, however, the Clerk is DIRECTED to send a copy of this Notice to Plaintiff at the institution where he has reportedly been transferred. Plaintiff shall, no later than 14 days from the date of this Notice, file a notice of change of address with the Clerk. Failure to do so will result in dismissal of this action.Notice of Change of Address to be filed by plaintiff by 4/7/2021 (KE) |
| Filing 14 Letter from IDOC regarding offender status and filing fees. (JMB) |
| Prisoner partial filing fee received 3/15/2021, in the amount of $17.93, receipt number 24626009900. (BMG) Modified on 3/18/2021 to correct event (SAG). |
TEXT ORDER entered by Judge Colin Stirling Bruce on 2/23/2021. Plaintiff's motion for extension of time #13 is GRANTED, and Plaintiff has up to and including March 31, 2021, within which to pay the initial, partial filing fee of $17.93 imposed by the Court. (KE)
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| Filing 13 MOTION for Extension of Time to Pay Filing Fee by Plaintiff Michael Hughes. Responses due by 3/8/2021 (KE) |
| Filing 12 AMENDED COMPLAINT against. Alison,. Cox, C Hansen, Leonta Jackson,. Nicky,. Tilden, filed by Michael Hughes.(KE, ilcd) |
| Filing 11 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Tilden, Hansen, Alison, Jackson, Cox, Nicky on 2/16/2021. (Attachments: #1 Waiver Nicky, #2 Waiver Jackson, #3 Waiver Hansen, #4 Waiver Cox, #5 Waiver Alison)(KE, ilcd) |
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Filing 10
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 2/16/2021. See written order. (KE, ilcd)
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Filing 9
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 2/16/2021. Plaintiff's motion for leave to file amended complaint #6 is GRANTED, but Plaintiff's combined motion for investigation into privacy is DENIED as it is not clear to the Court what relief Plaintiff is seeking or what it is that Plaintiff is asking the Court to do for him. Pursuant to its merit review of the Amended Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Amended Complaint states two claims against Defendants Dr. Tilden, NP Hansen, NP Alison, Warden Jackson, Warden Cox, and Nurse Nicky: (1) a deliberate indifference claim to his serious medical condition and mental health needs in violation of his Eighth Amendment rights and (2) a retaliation claim against these same Defendants in violation of his First Amendment rights. Any additional claim(s) 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 Warden Nicklaus, Dr. Zahts, NP Tuell, and NP Marshauwn are DISMISSED as party Defendants because Plaintiff's claim(s) against these four Defendants is better brought, if at all, in the United States District Court for the Northern District of Illinois. 28 U.S.C. Sec 1391(b); 28 U.S.C. Sec 1404. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to attempt service on Defendants Dr. Tilden, NP Hansen, NP Alison, Warden Jackson, Warden Cox, and Nurse Nicky pursuant to the Court's standard procedures. Plaintiff's second motion for leave to proceed in forma pauperis (that is attached to his motion for leave to file an amended complaint) is denied as moot. Plaintiff's motion for counsel that he has attached to his motion for leave to file an amended complaint is denied. See written order. (KE, ilcd)
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| Filing 8 +++ PRISONER TRUST FUND LEDGER. by Michael Hughes (AH,ilcd) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 2/3/2021. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $17.93. 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 3/5/2021 (KE, ilcd)
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| Filing 7 +++ PRISONER TRUST FUND LEDGER by Michael Hughes. (TC, ilcd) |
| Filing 6 MOTION for Leave to File Amended Complaint, MOTION for Investigation Into Privacy Issues by Plaintiff Michael Hughes. Responses due by 2/11/2021. (Attachments: #1 Proposed Amended Complaint, #2 Amended Complaint Exhbits, #3 Motion Requesting Counsel, #4 Petition to Proceed in forma Pauperis) (TC, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 1/26/2021. Plaintiff's motion to request counsel #4 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review that the Court will conduct in the near future. (KE, ilcd)
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| Filing 5 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) |
| Filing 4 MOTION to Request Counsel by Plaintiff Michael Hughes. Responses due by 2/8/2021 (Attachments: #1 Exhibit)(KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Michael Hughes. (Attachments: #1 Exhibit)(KE, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 2/16/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Michael Hughes. (Attachments: #1 Exhibits)(KE, ilcd) |
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