DeJesus v. Morgan et al
| Jesus DeJesus |
| Leonta L Jackson, . Morgan, . Harrms, . Conwell and . Thorsin |
| 1:2022cv01134 |
| April 20, 2022 |
| US District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
TEXT ORDER entered by Judge Michael M. Mihm on 6/15/2022. Plaintiff files #13 , a Motion for Reconsideration of the Merit Review Order, asking the Court to reconsider the dismissal of Defendants Jackson and Conwell. Plaintiff states that Defendants should not have been dismissed because Jackson, as the acting chief administrative officer, and Conwell, as the acting sergeant, failed to take any action when Plaintiff was attacked by his cellmate. The Court dismissed Jackson and Conwell because Plaintiff failed to allege personal involvement or participation by these Defendants in his complaint. (See Doc. #10 at 4). Individual liability under 1983 can only be based upon a finding that the defendant caused the deprivation alleged. Palmer v. Marion County, 327 F.3d 588, 594 (7th Cir. 2003). Plaintiff's Motion #13 is DENIED. However, Plaintiff will be given leave to file an amended complaint within 30 days. If Plaintiff files an amended complaint, it will replace his original complaint in its entirety. The amended complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. (SAG)
|
| Filing 13 MOTION for Reconsideration re #10 Merit Review Opinion filed by Plaintiff Jesus DeJesus. Responses due by 6/28/2022 (AH) |
| Filing 12 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to. Morgan,. Harrms,. Thorsin on 6/7/2022. (Attachments: #1 waiver 2, #2 waiver 3)(SAG) |
|
Filing 11
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Michael M. Mihm on 6/7/2022. (SAG)
|
|
Filing 10
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 6/7/2022. IT IS THEREFORE ORDERED: 1) Pursuant to its merit review of the Complaint under 28 U.S.C. 1915A, the Court finds that Plaintiff states an Eighth Amendment failure to protect claim and deliberate indifference claim against Defendants Morgan, Harrms, and Thorsin. Additional claims shall not be included in the case above, except in the Court's discretion on motion by a party for good cause shown under Federal Rule of Civil Procedure 15. 2) Defendants Jackson and Conwell are DISMISSED. The Clerk is directed to TERMINATE them as parties. SEE FULL WRITTEN ORDER.(SAG)
|
| Filing 9 MOTION for Status by Plaintiff Jesus DeJesus. Responses due by 6/16/2022 (JS) |
| Prisoner Initial Partial Filing Fee received 5/23/22, in the amount of $ 27.72; receipt number ROC400000015 (ANW) |
| Filing 8 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Michael Mihm. 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 5/10/2022. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 7 Case transferred in from District of Illinois Southern; Case Number 3:22-cv-00742. |
|
TEXT ORDER entered by Judge Michael M. Mihm on 4/20/2022. Plaintiff's petition for leave to proceed in forma pauperis is granted #3 . Pursuant to 28 U.S.C. Section 1915(b) (1), Plaintiff is assessed an initial partial filing fee of $27.72. 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. (SAG)
|
|
Filing 6
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to United States District Court for the Central District of Illinois. Signed by Judge Stephen P. McGlynn on 4/18/2022. (jrj)
|
| Filing 5 NOTICE FROM CLERK Instructing Jesus DeJesus to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Jesus DeJesus on 04/15/2022. Consent due by 5/6/2022 (kare) |
|
Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 22-742-SPM. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Stephen P. McGlynn on 4/15/2022. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Jesus DeJesus. (kare) |
| Filing 2 MOTION to Appoint Counsel by Jesus DeJesus. (kare) |
| Filing 1 COMPLAINT against All Defendants filed by Jesus DeJesus.(kare) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
