Henny v. United States of America

Plaintiff: Kimberly Ann Henny
Defendant: United States of America
Case Number: 1:2024cv01108
Filed: March 6, 2024
Court: US District Court for the Central District of Illinois
Presiding Judge: James E Shadid
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2024 Filing 18 TEXT ORDER entered by Judge James E. Shadid on 04/29/2024: Court docket entry #2 sent to plaintiff Kimberly Ann Henny has been returned as undeliverable. Within 14 days of the entry of this order, plaintiff is directed to show good cause why this case should not be dismissed for failure to keep the Court informed of plaintiff's address. Failure to show good cause will result in dismissal of this case. (DW)
April 16, 2024 Filing 17 AMENDED COMPLAINT against All Defendants, filed by Kimberly Ann Henny.(ANW)
April 16, 2024 TEXT ORDER entered by Judge James E. Shadid on 4/16/2024. Plaintiff's Motion for Leave to File Amended Complaint #16 is GRANTED. The Clerk is hereby directed to file the Amended Complaint and set the merit review deadline 30 days out.(ANW)
April 15, 2024 Filing 16 MOTION for Leave to File Amended Complaint by Plaintiff Kimberly Ann Henny. Responses due by 4/29/2024. (DW)
April 10, 2024 TEXT ORDER entered by Judge James E. Shadid on 4/10/2024. On March 6, 2024, Plaintiff filed a Complaint #1 and, prior to it undergoing merit review, now files two Motions to Amend Complaint #14 , #15 . Under Local Rule 7.1(F), Plaintiff was required to attach the proposed Amended Complaint as an exhibit to his Motion, but she did not do so. Therefore, Plaintiff's Motions to Amend #14 , #15 are DENIED, with leave to renew within 30 days. The Amended Complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. If Plaintiff does not file a renewed Motion for Leave to File Amended Complaint and attach her proposed Amended Complaint as an exhibit within 30 days of this Order, the Court will conduct a merit review of his original Complaint #1 . Additionally, Plaintiff filed a Motion for Personal Service #7 asking the Court to provide all filings regarding this case to her via personal service using a U.S. Marshal because her facility is withholding her mail. The Court cannot order a U.S. Marshal to personally serve Plaintiff with documents filed in this case. If Plaintiff is not receiving her mail, she may use the grievance process at her facility to file a grievance about this issue. #7 is DENIED. Finally, Plaintiff filed seven separate exhibits to her Complaint. (Docs. #3 , #4 , #5 , #9 , #10 , #12 , #13 ). Federal Rule of Civil Procedure 8(a)(2) requires that a pleading contain a short and plain statement showing that the pleader is entitled to the relief sought. Plaintiff's extraneous exhibits provide for neither a short nor plain complaint and are unnecessary at the pleadings stage. See Fitzgerald v. Dep't of Corr., No. 07-61, 2007 WL 951861, at *1 (W.D. Wis. Mar. 26, 2007) (grievances and facility responses attached to the complaint were not "necessary" and not considered by the court). The Clerk is directed to STRIKE exhibits #3 , #4 , #5 , #9 , #10 , #12 , and #13 .(ANW)
April 9, 2024 Filing 15 MOTION to Amend #1 Complaint by Plaintiff Kimberly Ann Henny. Responses due by 4/23/2024 (DW)
April 9, 2024 Filing 14 MOTION to Amend #1 Complaint by Plaintiff Kimberly Ann Henny. Responses due by 4/23/2024. (DW)
April 4, 2024 Filing 13 STRICKEN pursuant to 4/10/24 Text Order - Exhibit re #1 Complaint by Kimberly Ann Henny. (DW) Modified on 4/10/2024 to strike (ANW).
April 2, 2024 Filing 12 STRICKEN pursuant to 4/10/24 Text Order - Exhibit re #1 Complaint by Kimberly Ann Henny. (DW) Modified on 4/10/2024 to strike (ANW).
March 28, 2024 Filing 11 NOTICE of USM285 Form. (DW)
March 27, 2024 Filing 10 STRICKEN pursuant to 4/10/24 Text Order - Exhibit re #1 Complaint by Kimberly Ann Henny. (DW) Modified on 4/10/2024 to strike (ANW).
March 26, 2024 Filing 9 STRICKEN pursuant to 4/10/24 Text Order - Exhibit re #1 Complaint by Kimberly Ann Henny. (DW) Modified on 4/10/2024 to strike (ANW).
March 26, 2024 Filing 8 NOTICE of USM285 Form. (DW)
March 25, 2024 Filing 7 MOTION For Personal Service by Plaintiff Kimberly Ann Henny. Responses due by 4/8/2024. (DW)
March 25, 2024 Filing fee: $ 405, receipt number PIA 100004321 (AEM)
March 19, 2024 Filing 6 Letter from Kimberly Henny. (DW)
March 13, 2024 Filing 5 STRICKEN pursuant to 4/10/24 Text Order - Exhibit re #1 Complaint by Kimberly Ann Henny. (DW) Modified on 4/10/2024 to strike (ANW).
March 12, 2024 Filing 4 STRICKEN pursuant to 4/10/24 Text Order - Exhibit re #1 Complaint by Kimberly Ann Henny. (DW) Modified on 4/10/2024 to strike (ANW).
March 11, 2024 Filing 3 STRICKEN pursuant to 4/10/24 Text Order - Exhibit re #1 Complaint by Kimberly Ann Henny. (DW) Modified on 4/10/2024 to strike (ANW).
March 6, 2024 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 3/26/2024. (Attachments: #1 Notice Regarding Privacy Issues)(SAG)
March 6, 2024 Filing 1 COMPLAINT against United States of America, filed by Kimberly Ann Henny.(SAG)
March 6, 2024 TEXT ORDER entered by Judge James E. Shadid on 3/6/2024. Plaintiff has filed a Complaint but has not paid the $405 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $405 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.(SAG)

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Plaintiff: Kimberly Ann Henny
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