Rias v. Peoria County Jail et al
| Cornelius D Rias |
| Peoria County Jail, Brian Asbell and . Watkins |
| 1:2022cv01416 |
| November 30, 2022 |
| US District Court for the Central District of Illinois |
| Karen L McNaught |
| Sue E Myerscough |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Watkins on 1/27/2023. (KE) |
Filing 20
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Sue E. Myerscough on 1/27/2023. See written order. (KE)
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| Filing 19 AMENDED COMPLAINT against. Watkins, filed by Cornelius D Rias.(KE) |
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Filing 18
MERIT REVIEW ORDER entered by Judge Sue E. Myerscough on 1/27/2023. The Court GRANTS Plaintiff's motion for leave to file an amended complaint #9 and DIRECTS the Clerk of the Court to docket Plaintiff's amended pleading. Based on the merit review of Plaintiff's complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff has alleged enough facts to proceed with a Fourteenth Amendment condition of confinement claim against Defendant Watkins. Plaintiff's claim against Watkins proceeds in his individual capacity only. 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 under Federal Rule of Civil Procedure 15. The Court DIRECTS the Clerk of the Court ("Clerk") to terminate Brian Asbell and the Peoria County Jail as party Defendants. The Court directs the Clerk to enter the standard qualified protective order under the Health Insurance Portability and Accountability Act. The Court directs the Clerk to attempt service on Defendant under the standard procedures. See written order. (KE)
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| Filing 17 +++ PRISONER TRUST FUND LEDGER from Stateville Correctional Center by Cornelius D Rias (KE) |
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TEXT ORDER granting #4 Petition to Proceed In Forma Pauperis entered by Judge Sue E. Myerscough on 1/26/2023. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $8.73. 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 2/27/2023. (KE)
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| Filing 16 Remark: Docket Sheet to Plaintiff pursuant to request. (KE) |
| Filing 15 Letter from Plaintiff requesting update. (DS) |
| Filing 14 +++ PRISONER TRUST FUND LEDGER from Illinois River CC by Cornelius D Rias. (KE) |
| Filing 13 Letter from Plaintiff regarding Trust Fund Ledgers. (KE) |
| Filing 12 Letter Requesting Trust Fund Ledger to Stateville Correctional Center. Trust Fund Ledgers due by 12/27/2022. (KE) |
| Filing 11 +++ PRISONER TRUST FUND LEDGER from Illinois River Correctional Center by Cornelius D Rias. (KE) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis by Plaintiff Cornelius D Rias. Responses due by 12/22/2022 (KE) |
| Filing 9 MOTION for Leave to File Amended Complaint by Plaintiff Cornelius D Rias. Responses due by 12/22/2022 (Attachments: #1 Envelope)(KE) |
| Filing 8 +++ PRISONER TRUST FUND LEDGER from Peoria County Jail by Cornelius D Rias (KE) |
| Filing 7 Letter Requesting Trust Fund Ledgers to Peoria County Jail and Illinois River CC. Trust Fund Ledgers due by 12/20/2022. (Attachments: #1 IL River CC Request) (KE) |
| Filing 6 Letter from Plaintiff regarding previously submitted IFP Form. (Attachments: #1 IFP Form, #2 Envelope) (KE) |
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TEXT ORDER entered by Magistrate Judge Karen L. McNaught on 12/6/2022. Plaintiff has filed a letter with this Court requesting assistance in filing a complaint regarding a "serious matter," but he does not elaborate. (ECF 1: p. 1.) The Court DIRECTS the Clerk of the Court to send Plaintiff the Court's complaint form. Plaintiff should use the form to provide the Court with a short and plain statement describing the alleged violation and who committed the offense. See Fed. R. Civ. P. 8(a)(2) (instructing that a complaint must contain a "short and plain statement of the claim showing that the pleader is entitled to relief"); see also Knight v. Wiseman, 590 F.3d 458, 46263 (7th Cir. 2009) ("Since a Sec 1983 cause of action is against a 'person,' in order '[t]o recover damages under Sec 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.'") (quoting Johnson v. Snyder, 444 F.3d 579, 583 (7th Cir. 2006)). Plaintiff has thirty days from the entry of the Court's Order to file his complaint. If Plaintiff does not file a complaint or request an extension of time BEFORE the deadline expires, the Court will dismiss this case without prejudice. (KE)
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Filing 5
TEXT ORDER entered by Judge Sue E. Myerscough on 12/1/2022. Plaintiff has filed a Complaint but has not paid the $402 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $402 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. (KE)
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| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Cornelius D Rias.(KE) |
| Filing 3 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 Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 12/20/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 2 +++ SEALED DOCUMENT - ORIGINAL DOCUMENT Complaint UNREDACTED (KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Cornelius D Rias. (Attachments: #1 Envelope)(KE) |
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