Broadway v. United States Military et al
| Ellis Broadway, Jr |
| United States Military, Dept of Veterans Affairs, Dept of Defense, New York Mental Health and New York Health and Hospital Corp |
| 2:2022cv02152 |
| July 14, 2022 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2022. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge James E. Shadid on 8/17/2022. This case was dismissed on July 21, 2022. See July 21, 2022, Text Order. It appeared Plaintiff had not filed his lawsuit in the proper venue. In addition, Plaintiff failed to mention he had three strikes pursuant to 28 U.S.C. 1915(g) and he did not allege imminent danger. The Court has now received a filing from a Health Information Advocate who has provided copies of Plaintiff's psychiatric records from a New York facility #5 . Apparently, the records were sent to the Court at Plaintiff's request. The Clerk filed the records under seal due to the nature of the documents. However, Plaintiff's case is closed and he has no other pending litigation. Therefore, the Clerk is directed to strike the filing as moot #5 .(SAG)
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| Filing 5 STRICKEN PURSUANT TO TEXT ORDER ENTERED 8/17/2022--+++ SEALED DOCUMENT.. (SAG) Modified on 8/17/2022 to correct date of filing(SAG). Modified on 8/17/2022 (SAG). |
| Filing 4 JUDGMENT entered in a civil case (SAG) |
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TEXT ORDER entered by Judge James E. Shadid on 7/21/2022. The pro se Plaintiff has filed a complaint and a motion to proceed IFP #1 , #3 . Plaintiff claims he is suing the U.S. Military, the Department of Veteran's Affairs, the Department of Defense, "New York Mental Health," and "New York Health and Hospital Corp." (Comp., p. 1). Plaintiff's complaint includes nonsensical claims including his history of mental illness, his military duties "guarding two towers," forced medication, a plan to kill him over pharmaceutical litigation, a hit and run accident, military benefits, and past litigation. (Comp, p. 3). Plaintiff apparently filed his lawsuit in the Central District of Illinois because he is currently incarcerated in the Champaign County Jail. However, venue for federal civil rights actions brought under 42 U.S.C. 1983 is governed by 28 U.S.C. 1391(b). According to that statute, such actions may be brought only in (1) the judicial district where any defendant resides (if all defendants reside in the same State), (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. Illinois is not the proper place for Plaintiff to file this litigation, but it is not entirely clear what venue is appropriate. However, Plaintiff is well aware he has earned three strikes pursuant to 28 U.S.C. 1915(g). See Broadway v. City of New York, Case No. 12 Civ. 5999 (discussing three strikes status, and advising of additional sanctions based on continued "frivolous" complaints); Broadway v. Johnson and Johnson, Case No. 17 CV 9051 (discussing three strikes status). Plaintiff's complaint does not mention his three strikes status, nor does he demonstrate he faces imminent danger of serious physical injury. Therefore, Plaintiff's IFP motion is denied #3 and his case is dismissed in its entirety for failure to pay the filing fee. (SAG)
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| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Ellis Broadway, Jr.(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 8/3/2022. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Ellis Broadway, Jr.(SAG) |
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