Beasley v. Turner et al
| Shiloe Beasley |
| Carmisha Turner, Chris Watkins, Brian Johnson, Peoria County Sheriff's Department, Mike Sniff and John/Jane Doe |
| 1:2024cv01086 |
| February 22, 2024 |
| 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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| Filing 11 CERTIFICATE OF SERVICE by Brian Johnson re #10 Waiver of Service Executed, #9 Notice of Appearance of Attorney (Hughes, Dana) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Brian Johnson. Brian Johnson waiver sent on 3/21/2024, answer due 5/20/2024. (Hughes, Dana) |
| Filing 9 NOTICE of Appearance of Attorney by Dana J Hughes on behalf of Brian Johnson (Hughes, Dana) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 4/11/2024. In its Merit Review Order, the Court found that Plaintiff's Complaint stated two claims upon which relief could be granted: (1) a First Amendment claim based upon the free exercise of his religion by refusing to provide him with a kosher meal and (2) a claim under the First Amendment's establishment clause for obtaining religious material for those who practice the Christian faith and the Muslim faith, but not his (i.e., Judaism). The Court further found that Plaintiff could proceed on these two First Amendment claims against Defendants Brian Johnson and Mike Sniff. According to Plaintiff, Mike Sniff is the Chaplain at the Peoria County Jail. However, the Peoria County State's Attorney's Office has informed the Clerk of the Court that Defendant Mike Sniff worked at the Jail in the IT Department until 2020 and that Defendant Sniff never served as a chaplain. Based upon this information, the Clerk of the Court is directed to dismiss Mike Sniff as a party Defendant and to correct the name of the Defendant Chaplain on the docket to John/Jane Doe. Plaintiff may use the discovery process to identify the correct name(s) of the John/Jane Doe Defendant(s), and then, he must file a motion to substitute this person or person as the correct Defendant(s). Plaintiff is warned that it is his responsibility to identify the John/Jane Doe Defendants and to move for a proper substitution once he learns this person or persons' names. Failure to do so will result in the dismissal of the John/Jane Doe Defendants without prejudice. (KE)
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| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Brian Johnson and Mike Sniff on 3/21/2024. (Attachments: #1 Johnson Waiver)(KE) |
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Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 3/21/2024. See written order. (KE)
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 3/21/2024. 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) a First Amendment claim based upon the free exercise of his religion by refusing to provide him with a kosher meal and (2) a claim under the First Amendment's establishment clause for obtaining religious material for those who practice the Christian faith and the Muslim faith, but not his (i.e., Judaism). Plaintiff's may proceed on these two First Amendment claims against Defendants Brian Johnson and Mike Sniff. 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 Johnson and Sniff pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss all other named Defendants because Plaintiff's Complaint fails to state a claim against them upon which relief can be granted. Fed. R. Civ. P. 12(b)(6); 28 U.S.C. Sec 1915A. 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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| Filing 5 +++ PRISONER TRUST FUND LEDGER by Shiloe Beasley (KE) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 2/23/2024. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $11.55. 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 3/25/2024. (KE)
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| Filing 4 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 3/7/2024. (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Shiloe Beasley.(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 3/13/2024. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Shiloe Beasley.(KE) |
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