Garrison v. Stolarczyk et al
| Ricky Garrison |
| John Does, D Stolarczyk and M Segal |
| 1:2021cv01091 |
| March 10, 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 May 3, 2021. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Colin Stirling Bruce on 5/3/2021. Plaintiff's motion to amend complaint #16 is DENIED. Plaintiff seeks leave to amend his complaint to add two additional, new defendants to his complaint. However, the Court does not accept piecemeal amendments to pleadings. Plaintiff's proposed amended complaint only includes the names of the two individuals whom he wants to add as party Defendants, but it no longer references the previous Defendants. The Court assumes that Plaintiff does not wish to dismiss the previously named Defendants, only to add two new ones. If Plaintiff desires to amend his Complaint to add a Defendant(s), to add a claim, or to substitute a Defendant(s), he must file a motion seeking leave to do so in which he identifies the changes that he desires to make in his Complaint. In addition, Plaintiff should attach a complete, proposed amended complaint that, if granted leave to file, will completely replace his original Complaint and will stand on its own without reference to or reliance upon his Original Complaint. Flannery v. Recording Indus. Assn of Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). The proposed Amended Complaint should explain what any and all Defendants did or did not do, including the proposed new Defendant(s), and why their actions or inactions violated Plaintiff's constitutional rights. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 5/3/2021. Plaintiff's motion for counsel #15 is DENIED. The Court does not possess the authority to require an attorney to accept pro bono appointments on civil cases such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). The most that the Court may do is to ask for volunteer counsel. Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). The United States Court of Appeals for the Seventh Circuit explained that, in deciding whether to recruit counsel for a plaintiff, a district court must determine: "(1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt, 503 F.3d at 654-55. Plaintiff has offered no reason why he is incapable of litigating this case himself, especially at this stage of the litigation. Plaintiff is a high school graduate who has filed easily understood motions and pleadings. Moreover, Defendants have not yet been served and have not yet entered an appearance. Once Defendants appear and file an answer, the Court will enter a Scheduling Order that will explain to Plaintiff what needs to happen in order for him to litigate his case going forward. Plaintiff may renew his motion in the future, but Plaintiff is capable of litigating this case himself at this point of the case. (KE)
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| Filing 16 MOTION to Amend/Correct #1 Complaint by Plaintiff Ricky Garrison. Responses due by 5/14/2021 (Attachments: #1 Exhibit)(JMB) |
| Filing 15 MOTION to Request Counsel by Plaintiff Ricky Garrison. Responses due by 5/14/2021 (Attachments: #1 Exhibit)(JMB) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Ricky Garrison. D Stolarczyk waiver sent on 4/13/2021, answer due 6/14/2021. (JMB) |
| Filing 13 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to M. Segal and D. Stolarczyk on 4/13/2021. (Attachments: #1 Segal Waiver)(KE) |
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Filing 12
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 4/13/2021. See written order. (KE)
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Filing 11
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 4/13/2021. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states a claim against Defendants for violating 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. The Clerk of the Court is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See written order. (KE)
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| Filing fee: $ 402, receipt number 24626009959 (JMB) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/5/2021. Plaintiff's motion for extension of time #10 is GRANTED, and Plaintiff has up to and including May 10, 2021, within which to pay the filing fee in this case. (KE)
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| Filing 10 MOTION for extension of time to pay filing fee by Plaintiff Ricky Garrison. Responses due by 4/14/2021 (SKR) |
| Filing 9 +++ PRISONER TRUST FUND LEDGER by Ricky Garrison. (KE) |
| Filing 8 Letter to the Court from plaintiff (SKR) |
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Filing 7
ORDER entered by Judge Colin Stirling Bruce on 3/22/2021. Plaintiff's motion for leave to proceed in forma pauperis #3 is DENIED because Plaintiff had the funds necessary to pay the filing fee in full when he filed this case. In order to litigate this case, Plaintiff must pay the $402.00 filing fee in full. Plaintiff must pay the entire filing fee within twenty-one (21) days from the date of this Order. If Plaintiff fails to pay the filing fee in full by that date, the Court will dismiss this case. After Plaintiff timely pays the filing fee in full, the Court will conduct a merit review of his Complaint that is required by 28 U.S.C. Sec 1915A. See written order. (KE)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER by Ricky Garrison. (KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 3/15/2021. 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)
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| Filing 5 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE) |
| Filing 4 MOTION to Request Counsel by Plaintiff Ricky Garrison. Responses due by 3/24/2021 (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Ricky Garrison.(KE) |
| 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 3/30/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Ricky Garrison. (Attachments: #1 Exhibits, #2 Envelope)(KE) |
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