Deviner v. Root et al
Plaintiff: Leland Deviner
Defendant: Jim Root, Macon County Sheriff Department, Jefferey Hockaday and Johnathan Roseman
Case Number: 2:2023cv02225
Filed: October 16, 2023
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 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2023 Filing 17 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Jefferey Hockaday and Johnathan Roseman on 12/11/2023. (Attachments: #1 Hockaday Waiver)(KE)
December 11, 2023 Opinion or Order Filing 16 HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 12/11/2023. See written order. (KE)
December 11, 2023 Filing 15 AMENDED COMPLAINT against All Defendants, filed by Leland Deviner. (Attachments: #1 Exhibits)(KE)
December 11, 2023 Opinion or Order Filing 14 MERIT REVIEW ORDER Entered by Judge Colin Stirling Bruce on 12/11/2023. Plaintiff's motion for leave to file an amended complaint #12 is DENIED as moot in light of Plaintiff's second motion seeking leave to file an amended complaint. Plaintiff's motion for leave to file an amended complaint #13 is GRANTED, and the Clerk of the Court is directed to file Plaintiff's proposed amended complaint that is attached to this motion for leave to file. Pursuant to its merit review of the proposed amended complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Amended Complaint states a claim against Defendants Jefferey Hockaday and Johnathan Roseman for violating his Fourth Amendment rights based upon their alleged malicious prosecution of him. 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 enter the standard qualifiedprotective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is further directed to attempt to effect service of process on Defendants Jefferey Hockaday and Johnathan Roseman pursuant to the Court's standard procedures. See written order. (KE)
December 1, 2023 Filing 13 MOTION for Leave to File Amended Complaint by Plaintiff Leland Deviner. Responses due by 12/15/2023 (Attachments: #1 Amended Complaint Attachments, #2 Envelope)(JMB)
November 29, 2023 Filing 12 MOTION for Leave to File Amended Complaint by Plaintiff Leland Deviner. Responses due by 12/13/2023. (Attachments: #1 Exhibit)(DS) (Additional attachment(s) added on 11/30/2023: #2 Exhibit) (DS).
November 20, 2023 Opinion or Order Filing 11 MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 11/20/2023. Based upon the merit review of Plaintiff's Complaint that is required by 28 U.S.C. 1915A, the Court finds that Plaintiff's Complaint fails to state a claim upon which relief can be granted. Plaintiff is given twenty-one (21) days from the date of this Order to file a proposed amended complaint that complies with the dictates of this Order. If Plaintiff fails to file a proposed amended complaint by this deadline, the Court will dismiss this case. See written order. (KE)
November 13, 2023 Prisoner Initial Partial Filing Fee received 11/13/2023, in the amount of $ 28.52; receipt number 200000905 (KE)
November 1, 2023 Opinion or Order TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 11/1/2023. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $26.67. 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 12/1/2023. (KE)
October 25, 2023 Filing 10 +++ PRISONER TRUST FUND LEDGER by Leland Deviner. (TC)
October 25, 2023 Filing 9 Letter re Trust Fund Ledger from Plaintiff. (DS)
October 19, 2023 Filing 8 Letter Requesting Trust Fund Ledger. Trust Fund Ledgers due by 11/2/2023. (KE)
October 19, 2023 Filing 7 +++ PRISONER TRUST FUND LEDGER by Leland Deviner. (DS)
October 17, 2023 Filing 6 Letter Requesting Trust Fund Ledger. Trust Fund Ledger due by 10/31/2023. (KE)
October 17, 2023 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 10/17/2023. Plaintiff's motion to request counsel #4 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 review of the complaint. Plaintiff may renew his motion if his claim survives that review that the Court will conduct in the near future. (KE)
October 16, 2023 Filing 5 NOTICE for Exemption from E-Filing. (KE)
October 16, 2023 Filing 4 MOTION to Request Counsel by Plaintiff Leland Deviner. Responses due by 10/30/2023 (KE)
October 16, 2023 Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Leland Deviner.(KE)
October 16, 2023 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 11/6/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE)
October 16, 2023 Filing 1 COMPLAINT against All Defendants, filed by Leland Deviner. (Attachments: #1 Summons and USM 285 Forms, #2 Envelope)(KE)

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Plaintiff: Leland Deviner
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Defendant: Jim Root
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Defendant: Macon County Sheriff Department
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Defendant: Jefferey Hockaday
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Defendant: Johnathan Roseman
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