Nichols v. Ray et al
Plaintiff: James A Nichols
Defendant: . Belcher, Sunni Delahunty, Danae Ray, Antonio D Brown and Scott Flannery
Case Number: 2:2020cv02055
Filed: March 4, 2020
Court: US District Court for the Central District of Illinois
Presiding Judge: Colin Stirling Bruce
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2020 Filing 11 MOTION for Extension of Time to Pay Filing Fee by Plaintiff James A Nichols. Responses due by 5/14/2020. (DS, ilcd)
April 29, 2020 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 4/29/2020. Plaintiff's motion for status #10 is GRANTED, and the Clerk of the Court is directed to send another copy of the Court's Merit Review Order to Plaintiff. (KE, ilcd)
April 27, 2020 Filing 10 MOTION for Status of Merit Review by Plaintiff James A Nichols. Responses due by 5/12/2020. (DS, ilcd)
April 21, 2020 Filing 9 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Belcher, Sunni Delahunty, Scott Flannery on 4/21/2020. (Attachments: #1 Waiver Delahunty, #2 Waiver Belcher)(KE, ilcd)
April 21, 2020 Opinion or Order Filing 8 HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 4/21/2020. See written order. (KE, ilcd)
April 21, 2020 Opinion or Order Filing 7 MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 4/21/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states a Due Process claim under the Fourteenth Amendment against Defendants Delahunty, Flannery, and Belcher based upon their objectively unreasonable response to and treatment of his serious dental condition. 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 is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to attempt service on Defendants Delahunty, Flannery, and Belcher pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss Defendants Brown and Ray because Plaintiff's Complaint fails to state a claim against these Defendants upon which relief can be granted. Fed. R. Civ. Pro. 12(b)(6); 28 U.S.C. Sec 1915A. Plaintiff should pay the initial, partial filing fee of $127.53 that the Court imposed in this case. Plaintiff should pay this fee within thirty (30) days from the date of this Order. If Plaintiff fails to timely pay this fee, the Court will dismiss this case. See written order. (KE, ilcd)
April 20, 2020 Opinion or Order TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 4/20/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $127.53. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to 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. 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. (KE, ilcd)
March 23, 2020 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 3/23/2. Pursuant to Central District of Illinois Amended General Order 20-01, In Re: COVID-19 Public Emergency, the court hereby vacates the Evidentiary Hearing on 4/3/20. Matter will be reset at a later date. (TC, ilcd)
March 9, 2020 Filing 6 **VACATED** VIDEO WRIT issued for James A. Nichols on 4/3/2020 at 1:30 PM for an Evidentiary Hearing before Judge Bruce. (KE, ilcd) Modified on 3/23/2020 to show **VACATED** (Mailed to Macon Co. Jail, Records Dept) (TC, ilcd).
March 9, 2020 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 3/9/2020. On its own motion, the Court sets an evidentiary hearing on Plaintiff's motion for leave to proceed in forma pauperis in this case. The hearing is set for April 3, 2020 at 1:30 p.m. by videoconferencing. The Clerk of the Court is directed to prepare and to issue a video writ compelling Plaintiff's attendance at this hearing. (KE, ilcd)
March 6, 2020 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 3/6/2020. Plaintiff's motion to request counsel #5 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 merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review that the Court will conduct in the near future. (KE, ilcd)
March 4, 2020 Filing 5 MOTION to Request Counsel by Plaintiff James A Nichols. Responses due by 3/18/2020 (KE, ilcd)
March 4, 2020 Filing 4 +++ PRISONER TRUST FUND LEDGER by James A Nichols. (KE, ilcd)
March 4, 2020 Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by James A Nichols.(KE, ilcd)
March 4, 2020 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 3/24/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd)
March 4, 2020 Filing 1 COMPLAINT against All Defendants, filed by James A Nichols. (Attachments: #1 Exhibits, #2 Envelope)(KE, ilcd)

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Defendant: . Belcher
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Defendant: Sunni Delahunty
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Defendant: Danae Ray
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Defendant: Antonio D Brown
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Defendant: Scott Flannery
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Plaintiff: James A Nichols
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