Cole v. Staley et al
| Brandon Cole |
| B Staley, P Smith and Leonta Jackson |
| 1:2022cv01009 |
| January 11, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 11 WAIVER OF SERVICE Returned Executed by Brandon Cole. P Smith waiver sent on 2/15/2022, answer due 4/18/2022; B Staley waiver sent on 2/15/2022, answer due 4/18/2022. (KE) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 3/7/2022. Plaintiff's motion to keep camera footage #10 is GRANTED, in part, and DENIED, in part. The Court generally does not permit litigants to engage in discovery before all Defendants have been served, have entered an answer and appearance, and a scheduling order has been entered. Melville v. Mitchell, 2014 WL 37453, * 1 (E.D. Wis. Jan. 6, 2014); Killebrew v. Jackson, 2009 WL 3514584, * 1 (E.D. Wis. Oct. 28, 2009). Not all Defendants have been served; counsel has not yet entered an appearance on any Defendants' behalf; Defendants have not filed an answer; and the Court has not yet entered a Scheduling Order. In addition, Local Rule 26.3 prohibits a litigant from filing a discovery request directly with the Court. Instead, Plaintiff should send his discovery requests directly to Defendants, through their attorneys, after the Court enters a Scheduling Order. That being said, Defendants are ORDERED to preserve any video footage that still exists that from February 17, 2021, that is relevant to Plaintiff's claim in this suit (i.e., from the south mental health cell house, holding tank number 120, at approximately 12:30 p.m.) so that the footage may be produced to Plaintiff during discovery. (KE)
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| Filing 10 MOTION to Keep Camera Footage from Date of Incident filed by Plaintiff Brandon Cole. Responses due by 3/18/2022 (AH) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Brandon Cole. Leonta Jackson waiver sent on 2/15/2022, answer due 4/18/2022. (KE) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to B Staley, P Smith and Leonta Jackson on 2/15/2022. (Attachments: #1 Smith Waiver, #2 Staley Waiver)(KE) |
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Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 2/15/2022. See written order. (KE)
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 2/15/2022. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states two claims: (1) an excessive force claim in violation of his Eighth Amendment rights against Defendants Staley and Smith and a failure to intervene or failure to protect claim against Warden Jackson in violation of his Eighth Amendment rights. Any additional claims 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 effect service of process upon Defendants pursuant to the Court's standard procedures. The Clerk 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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| Prisoner Initial Partial Filing Fee received 1/18/2022, in the amount of $ 27.90; receipt number 24626010404. (BMG) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 1/14/2022. Plaintiff's motion to request counsel #5 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 review of the complaint. Plaintiff may renew his motion if his claim survives that review that the Court will conduct in the near future. (KE)
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| Filing 5 MOTION to Request Counsel by Plaintiff Brandon Cole. Responses due by 1/25/2022 (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Brandon Cole. (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Brandon Cole.(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 1/31/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Brandon Cole. (Attachments: #1 Exhibits)(KE) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 1/11/2022. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $27.90. 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. 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 2/10/2022. (KE)
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