Franklin v. Montgomery County Jail/Sheriff's Department et al
| Daniel Franklin |
| Montgomery County Jail/Sheriff's Department, Erin Mattson, Montgomery County Public Defender's Office, Kevin Kinsley, Nurse Mary, Megan Tomey, Chris Watson, Jim Stite, Jane Doe, 1, Dr. Vipen Shah, John Doe, 1, Advanced Correctional Healthcare, Montgomery County Probation Department, Dave Stiege, Complete Case Recovery Solutions Healthcare, Adam Fath and Tracy Hammitt |
| 3:2018cv03280 |
| October 30, 2018 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 15 MOTION for Status (filed in letter form) by Plaintiff Daniel Franklin. Responses due by 12/20/2018 (FDS, ilcd) |
| Filing 14 NOTICE of Change of Address by Daniel Franklin. New address is Jacksonville Correctional Center, 2268 E. Morton, Jacksonville, IL 62650. (FDS, ilcd) |
TEXT ORDER entered by Chief Judge James E. Shadid on 11/27/18. The Court has not yet reviewed the claims in Plaintiff's 67-page complaint against officials at the Montgomery County Jail. #1 . Plaintiff attempted to add claims against his current facility, Graham Correctional Center, but Plaintiff was advised he must use the grievance procedure and file a separate complaint. See November 16, 2018 Text Order. Plaintiff has now submitted a document which has been filed as an emergency motion for appointment of counsel. #13 . Plaintiff says one of the individuals named in his complaint, Montgomery County Jail Administrator "Kevin Kinsley," now works at his current IDOC facility. Plaintiff says the Defendant Kinsley knows about his lawsuit and the officer has asked Graham Correctional Center officials to give Plaintiff a hard time. Plaintiff does not believe he is receiving adequate medical care as a result and he fears for his health. Therefore, Plaintiff asks the Court to appoint an "emergency attorney" to represent him. (Plain. Mot, #13 , p. 3). The Court has several concerns regarding Plaintiffs motion. First, no Defendants have been served and Plaintiff has not explained how any of the numerous Defendants have knowledge of Plaintiff's claims. Second, since the Court has not had an opportunity to review Plaintiff's complaint, it is unclear if he has any claims against the Jail Administrator. Third, all of Plaintiff's claims in his complaint involve the Montgomery County Jail, not Graham Correctional Center. The Court cannot appoint counsel to represent Plaintiff with his complaints against a different facility. Fourth, as previously noted, Plaintiff must use the grievance procedure at his IDOC facility to address his medical care. Fifth, Plaintiff has not indicated how he knows this specific individual is now at his facility, and the Montgomery County website still identifies Kevin Knisley as the jail administrator. See http://www. montgomeryco.com/index.php/montgomery-county-sheriff-s (last visited November 27, 2018). Plaintiff's motion is therefore denied. #13 .(FDS, ilcd)
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| Filing 13 Emergency MOTION to Request Counsel by Plaintiff Daniel Franklin. Responses due by 12/10/2018 (FDS, ilcd) |
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TEXT ORDER entered by Chief Judge James E. Shadid on 11/16/18. Plaintiff, a pro se prisoner, filed a complaint in the Southern District of Illinois on October 2, 2018. On October 30, 2018, the case was transferred to the Central District of Illinois for proper venue. #6 . Plaintiff's 67 page complaint including exhibits alleges Plaintiff suffers from a variety of serious medical conditions, but various Defendants at the Montgomery County Jail refused to provide him with medical care. Plaintiff also alleges a variety of other constitutional violations. Plaintiff has been notified his case is now in the Central District and he will receive a Merit Review order within the next 60 days. #8 . Plaintiff is currently incarcerated at Graham Correctional Center in Montgomery County with is an Illinois Department of Corrections (IDOC) Facility. Plaintiff has filed a document entitled "Other Pleading" which was written by another inmate, but signed by the Plaintiff. Plaintiff asks to make some corrections to his complaint, and Plaintiff says he urgently needs medical care for various conditions. First, this Court cannot address Plaintiff's need for medical care in this lawsuit. Plaintiff's complaint before this Court concerns only Montgomery County Jail officials. Therefore, Plaintiff must use the grievance procedure at his IDOC facility, and after he has exhausted his administrative remedies, he can consider filing a separate lawsuit against Graham Correctional Center officials. Second, the Court does not accept piecemeal amendments. If Plaintiff wishes to amend his complaint, he must file a motion for leave to amend with a complete, proposed amended complaint attached. The amended complaint must not make reference to the previous complaint. In addition, any amended complaint must follow Federal Rules of Civil Procedure 8 and 10. In other words, the amended complaint must include a short and plain statement of each, intended claims. The amended complaint must include numbered paragraphs. Each paragraph should clearly state what happened, when it occurred, who was involved, and where it occurred. Plaintiff must not attach exhibits. Therefore, Plaintiff's motion is denied. #11 .(FDS, ilcd)
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| Filing 11 MOTION (filed as Other Pleading) by Plaintiff Daniel Franklin. Responses due by 11/28/2018 (FDS, ilcd) |
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TEXT ORDER granting #9 Petition to Proceed In Forma Pauperis. Plaintiff's trust fund ledgers indicate he has no funds to make an initial partial payment of the filing fee. Pursuant to 28 U.S.C. Section 1915(b)(4), the initial partial filing fee is waived. 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. Entered by Chief Judge James E. Shadid on 10/31/18. (FDS, ilcd)
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| Filing 8 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Chief 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 11/19/2018. (Attachments: #1 Notice Regarding Privacy Issues)(FDS, ilcd) |
| Filing 7 Case transferred in from District of Illinois Southern; Case Number 3:18-cv-02028. . Modified on 10/31/2018 to indicate that the transfer case was received on 10/30/18.(FDS, ilcd). |
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Filing 6
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Central District of Illinois. Signed by Judge Nancy J. Rosenstengel on 10/30/2018. (tjk)
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| Filing 10 +++ PRISONER TRUST FUND LEDGER. by Daniel Franklin (FDS, ilcd) |
| Filing 9 PETITION TO PROCEED IN FORMA PAUPERIS filed by Daniel Franklin.(FDS, ilcd) |
| Filing 5 EXHIBIT/NOTICE AND CONSENT TO MAGISTRATE JUDGE. Exhibit to 4 Order. (jsm2) |
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Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 18-cv-2028-NJR The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerks Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Nancy J. Rosenstengel on 10/29/2018. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION to Appoint Counsel by Daniel Franklin. (jsm2) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Daniel Franklin. (jsm2) |
| Filing 1 COMPLAINT against All Defendants filed by Daniel Franklin.(jsm2) |
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