Palmer v. Brandon et al
| De'Marian D Palmer, Sr |
| . Brandon, . Lexi, . Exzeaver, . Cory, . Justion, . Taylor, Brian Love, . Quinton, . Matt, . Myra, . Ann'marie, . Ashely, . Aelly, . Anderews, . Tim, . Payton, . Jessica and . Chris |
| 1:2023cv01052 |
| February 10, 2023 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| 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 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 18 Letter from plaintiff De'Marian Palmer requesting copies. (BMG) |
| Filing 17 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Brian Love on 3/22/2023. (KE) |
Filing 16
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 3/22/2023. See written order. (KE)
|
| Filing 15 AMENDED COMPLAINT against All Defendants, filed by De'Marian D Palmer, Sr.(KE) |
|
Filing 14
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 3/22/2023. Plaintiff's motions for leave to file amended complaint #11 and #13 are GRANTED. Pursuant to its merit review of the Amended Complaint under 28 U.S.C. Sec 1915A, the Court finds that the Amended Complaint states two claims: (1) a claim that Defendant Brian Love violated Plaintiff's Fourteenth Amendment Due Process rights based upon the conditions of Plaintiff's confinement at the Peoria County Detention Center and (2) that John Doe Defendants violated his Fourteenth Amendment Due Process rights by using excessive force against him. Any additional claims shall not be included in the case except at the Court's discretion and on a 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 on Defendant Brian Love pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss all other named Defendants because Plaintiff's Original Complaint and his Amended Complaint fail to state a claim against them upon which relief can be granted. 28 U.S.C. Sec 1915A; Fed. R. Civ. Pro. 12(b)(6). The Clerk of the Court is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Finally, Plaintiff's motion for leave to proceed in forma pauperis #12 is DENIED as moot. The Court has previously granted Plaintiff leave to proceed IFP, and he does not need to move for leave a second time simply because he has filed an amended complaint. See written order. (KE)
|
| Filing 13 Additional MOTION for Leave to File Amended Complaint by Plaintiff De'Marian D Palmer, Sr. Responses due by 4/4/2023. (BMG) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Plaintiff De'Marian D Palmer, Sr. Responses due by 4/3/2023. (BMG) |
| Filing 11 MOTION for Leave to File Amended Complaint by Plaintiff De'Marian D Palmer, Sr. Responses due by 4/3/2023. (BMG) |
| Prisoner Initial Partial Filing Fee received 3/10/2023, in the amount of $ 94.20; receipt number PIA100001924. (VH) |
|
Filing 10
MERIT REVIEW ORDER Entered by Judge Colin Stirling Bruce on 3/6/23. IT IS, THEREFORE, ORDERED: 1. Plaintiff's Complaint is dismissed because it fails to state a claim upon which relief can be granted. 28 U.S.C. 1915A; Fed. R. Civ. Pro. 12(b)(6). 2. Plaintiff is given leave to file a proposed amended complaint that complies with the dictates of this Order. 3. Plaintiff should file his proposed amended complaint within thirty (30) days from the date of this Order. 4. If Plaintiff fails to do so timely, the Court will dismiss this case. See Full Written Order. (ANW)
|
| Filing 9 Letter from plaintiff De'Marian D Palmer, Sr requesting copies. (BMG) |
|
TEXT ORDER entered by Judge Colin Stirling Bruce on 2/14/2023. 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 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)
|
| Filing 8 +++ PRISONER TRUST FUND LEDGER by De'Marian D Palmer, Sr. (KE) |
| Filing 7 Exhibit re #4 MOTION to Request Counsel by De'Marian D Palmer, Sr. (KE) |
| Filing 6 Supplemental Complaint by De'Marian D Palmer, Sr. (KE) |
| Filing 5 Letter Requesting Trust Fund Ledger. Trust Fund Ledgers due by 2/27/2023. (KE) |
|
TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 2/13/2023. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $94.20. 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 3/15/2023. (KE)
|
| Filing 4 MOTION to Request Counsel by Plaintiff De'Marian D Palmer, Sr. Responses due by 2/24/2023 (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by De'Marian D Palmer, Sr.(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 3/2/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by De'Marian D Palmer, Sr.(KE) |
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.
