Burke v. Saltsgaver et al
| Travis Burke |
| Renea Saltsgaver, Aline Nelson, R Synder, Josh Sapp, Olga Vishinakov, Sara Stover, . Borden, . McMahon, Dustin Heuerman, Champaign County Physical Plant and . Johnson |
| 2:2025cv02266 |
| October 6, 2025 |
| U.S. District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 19 Circuit Rule 3(b) Notice as to #14 Notice of Appeal filed by Travis Burke. (SB) |
| Filing 18 CIRCUIT RULE 3(b) FEE NOTICE as to #14 Notice of Appeal filed by Travis Burke. (SB) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 12/4/2025. On November 14, 2025, the Court dismissed Plaintiff's Second Amended Complaint with prejudice as a violation of Federal Rules of Civil Procedure 18 and 20 and found that any further amendment would be futile because Plaintiff had multiple opportunities to state an actionable claim and failed to do so. (Doc. #12 ). On December 3, 2025, Plaintiff filed a Notice of Appeal and a Motion for Leave to Appeal in forma pauperis #16 . "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. Sec. 1915(a)(3). A good faith appeal is an appeal that "a reasonable person could suppose... has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). Regarding the issues he plans to raise on appeal, Plaintiff indicates the Court erred by denying his Petition to Proceed in forma pauperis. (Doc. 16 at p. 1). Plaintiff also states he "joined claims because they either include the same defendant on different claims." Id. In his Second Amended Complaint, Plaintiff included numerous unrelated claims against different Defendants. (Doc. 10). For instance, Plaintiff's deliberate indifference claim against Defendants Nelson, Saltsgaver, and Borden based on the denial of a medical mattress was not properly joined with a claim against Defendants Borden, Johnson, Sapp, and Vishniakov regarding the denial of his inhaler. Similarly, a claim against Defendants Nelson and Stover regarding their refusal to refer Plaintiff to audiologist was not properly joined with a claim against Defendants Synder, Nelson, and Saltsgaver regarding the denial of physical therapy. (Doc. 12 at p. 6). Plaintiff was not in custody when he filed his Second Amended Complaint. Thus, he was unable to proceed in forma pauperis under 28 U.S.C. Sec. 1915(a)(1) because his Second Amended Complaint failed to state a claim. This Court certifies pursuant to Sec. 1915(a)(3) that Plaintiff's appeal is not in good faith. See also Fed. R. App. P. 24(a)(4)(B). Plaintiff's Motion #16 is DENIED. If Plaintiff seeks to contest this Court's finding, he must renew his motion for leave to appeal in forma pauperis in the Court of Appeals within 30 days after service of this Text Order. Fed. R. App. P. 24(a)(5). The Clerk is directed to send a copy of this Text Order to the Seventh Circuit Court of Appeals. (VH)
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| Filing 17 NOTICE of Docketing Record on Appeal from USCA re #14 Notice of Appeal filed by Travis Burke. USCA Case Number 25-3184. (SB) |
| Filing 16 MOTION for Leave to Appeal in forma pauperis by Plaintiff Travis Burke. Responses due by 12/17/2025. (SB) |
| Filing 15 Short Record of Appeal Sent to US Court of Appeals re #14 Notice of Appeal. (SB) |
| Filing 14 NOTICE OF APPEAL as to 11/14/2025 Merit Review Opinion #12 , by Travis Burke. (SB) |
| Filing 13 JUDGMENT entered. (VH) |
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Filing 12
MERIT REVIEW ORDER entered by District Judge Jonathan E Hawley on 11/13/2025. IT IS THEREFORE ORDERED: 1) Plaintiff's Second Amended Complaint is DISMISSED WITH PREJUDICE as a violation of Federal Rules of Civil Procedure 18 and 20. Any further amendment would be futile. This case is therefore closed. The Clerk is directed to enter judgment. 2) Plaintiff's Petition to Proceed in forma pauperis #11 is DENIED. Plaintiff must pay the full filing fee of $405 even though his case has been dismissed. 3) If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis MUST identify the issues Plaintiff will present on appeal to assist the Court in determining whether the appeal is taken in good faith. See Fed. R. App. P. 24(a)(1)(c); see also Celske v. Edwards, 164 F.3d 396, 398 (7th Cir. 1999) (stating that an appellant should be allowed to submit a statement of the grounds for appealing so that the district judge "can make a reasonable assessment of the issue of good faith"); Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000) (providing that a good-faith appeal is an appeal that "a reasonable person could suppose... has some merit" from a legal perspective). If Plaintiff does choose to appeal, he will be liable for the $605 appellate filing fee regardless of the outcome of the appeal. See full written Order. (VH)
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| Filing 11 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Travis Burke.(SB) |
| Filing 10 SECOND AMENDED COMPLAINT against All Defendants, filed by Travis Burke.(VH) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 11/7/2025. Plaintiff's Motion for Leave to File Second Amended Complaint #9 is GRANTED. The Clerk is directed to file the Second Amended Complaint and set the merit review deadline 30 days out. Plaintiff is reminded that he must pay the $405 filing fee in full or file a Petition to Proceed in forma pauperis using the Court's Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (AO 239) by 11/24/2025. Failure to comply without good cause will result in the dismissal of this case without prejudice, and Plaintiff will still be responsible for paying the $405 filing fee.(VH)
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| Filing 9 MOTION for Leave to File Second Amended Complaint by Plaintiff Travis Burke. Responses due by 11/20/2025 (JMB) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 11/3/2025. On 10/31/2025, Plaintiff filed a renewed Petition to Proceed in forma pauperis #8 . Plaintiff filed his Petition by using the Court's Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) (AO 240). Because Plaintiff has been released from custody, he must file his Petition using the Court's Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (AO 239). Plaintiff's Petition #8 is DENIED. Within 21 days of this Order, Plaintiff must pay the $405 filing fee in full or file a Petition to Proceed in forma pauperis using the District Court's Long Form AO 239. Failure to comply without good cause will result in the dismissal of this case without prejudice, and Plaintiff will still be responsible for payment of the $405 filing fee. See 28 U.S.C. Sec 1914. (KE)
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| Filing 8 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Travis Burke.(SB) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 10/30/2025. Plaintiff filed an Amended Complaint, which was docketed as a Motion for Leave to File an Amended Complaint #7 . Plaintiff did not sign his Amended Complaint. Federal Rule of Civil Procedure 11 states, "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." Fed. R. Civ. P. 11(a). As a result, Plaintiff's Motion for Leave to File Amended Complaint #7 is DENIED. Within 21 days of this Order, Plaintiff is DIRECTED to file a signed Amended Complaint. Plaintiff must also pay the $405 filing fee in full or file a renewed Petition to Proceed in forma pauperis. If Plaintiff fails to do so, this case will be dismissed. (VH)
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| Filing 7 MOTION for Leave to File an Amended Complaint by Plaintiff Travis Burke. Responses due by 11/12/2025. (SB) |
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Filing 6
MERIT REVIEW ORDER entered by District Judge Jonathan E Hawley on 10/21/2025. IT IS THEREFORE ORDERED: 1) Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE as a violation of Federal Rules of Civil Procedure 18 and 20. Plaintiff's Petition to Proceed in forma pauperis #3 is DENIED. Plaintiff will have 30 days in which to file an Amended Complaint. If Plaintiff files an Amended Complaint, he must either pay the $405 filing fee in full or file a renewed Petition to Proceed in forma pauperis. If Plaintiff fails to file a timely Amended Complaint, or if the Amended Complaint fails to state a claim for relief, this case will be dismissed with prejudice and Plaintiff will be responsible for paying the $405 filing fee.2) The Clerk is directed to ADD Johnson (Correctional Officer) as a Defendant. See full written Order. (VH)
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| Filing 5 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Travis Burke. (JPL) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Travis Burke. (VH) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Travis Burke.(VH) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Jonathan E Hawley. 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 10/27/2025. (Attachments: #1 Notice Regarding Privacy)(VH) |
| Filing 1 COMPLAINT against All Defendants, filed by Travis Burke. (Attachments: #1 Exhibits, #2 Envelope)(VH) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 10/6/2025. On 10/6/2025, Plaintiff filed a Complaint under 42 U.S.C. Sec. 1983. Plaintiff indicates he has been paroled. As a result, Plaintiff is directed to file a Notice within 14 days of the entry of this Order to provide a phone number where he may be reached. Plaintiff also filed Petition to Proceed in forma pauperis ("IFP Petition") #3 but used the form accepted by the Illinois Circuit Courts, not the District Court. Therefore, Plaintiff's IFP Petition #3 is DENIED. Plaintiff may renew his request to proceed in forma pauperis, by filing this Court's Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form AO 239). The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. Within 21 days of this Order, Plaintiff must pay the $405 filing fee in full or file an IFP Petition using the District Court's form. Failure to comply without good cause will result in dismissal of this case without prejudice, and Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. (VH)
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