Askew v. Bainter et al
| Carl Askew |
| Kyle Bainter, . Silva, N Smith, . Adams, T Bordner and T Clark |
| 1:2023cv01153 |
| April 18, 2023 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 10
SUPPLEMENTAL MERIT REVIEW ORDER entered by Judge James E. Shadid on 6/2/2023. IT IS THEREFORE ORDERED: 1) Defendant Smith is DISMISSED for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil procedure 12(b)(6) and 28 U.S.C. 1915A. The Clerk is directed to TERMINATE Defendant Smith. 2) The executed Waiver of Service filed by Defendant Smith on June 1, 2023, is STRICKEN. (Doc. #9 at p. 3). The deadline of July 31, 2023 for Defendant Smith to file an answer to Plaintiff's Complaint is VACATED. SEE FULL WRITTEN ORDER.(SAG)
|
| Filing 9 WAIVER OF SERVICE Returned Executed by Carl Askew. Kyle Bainter waiver sent on 5/30/2023, answer due 7/31/2023;. Silva waiver sent on 5/30/2023, answer due 7/31/2023; STRICKEN PURSUANT TO ORDER ENTERED 6/2/2023--N Smith waiver sent on 5/30/2023, answer due 7/31/2023. (ANW) Modified on 6/5/2023 (SAG). |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Bainter, Silva and Smith on 5/30/23. (Attachments: #1 waiver 2, #2 waiver 3)(ANW) |
|
Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER Entered by Judge James E. Shadid on 5/30/23. (ANW)
|
|
Filing 6
MERIT REVIEW ORDER Entered by Judge James E. Shadid on 5/30/23. IT IS THEREFORE ORDERED: 1) Pursuant to its merit review of the complaint under 28 U.S.C. 1915A, the Court finds Plaintiff alleges the following claims: (1) Defendant Bainter used excessive force in violation of the Eighth Amendment when he slammed Plaintiff's right hand in the chuckhole multiple times on April 11, 2022; (2) Defendant Bainter committed the state law torts of assault and battery on April 11, 2022; (3) Defendant Bainter was deliberately indifferent to Plaintiff's serious medical needs in violation of the Eighth Amendment when he refused to provide medical attention for Plaintiff's injuries on April 11, 2022; and (4) Defendant Silva failed to intervene to stop the use the excessive force on April 11, 2022. 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. 2) Defendants Adams, Clark, and Bordner are DISMISSED for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. 1915A. The Clerk is directed to TERMINATE Defendants Adams, Clark, and Bordner. 3) Plaintiff's Motion to Request Counsel #5 is DENIED. SEE FULL WRITTEN ORDER. (ANW)
|
| Prisoner Initial Partial Filing Fee received 5/12/2023, in the amount of $5.59; receipt number PIA100002328 (VH) |
| Filing 5 MOTION to Request Counsel by Plaintiff Carl Askew. Responses due by 5/2/2023 (SAG) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Carl Askew (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Carl Askew.(SAG) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. 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 5/8/2023. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Carl Askew.(SAG) |
|
TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $5.59. 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 5/18/2023. Entered by Judge James E. Shadid on 4/18/2023. (SAG)
|
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.
