Tipton v. Hammers
| Darnell Tipton |
| Justin Hammers |
| 3:2020cv03136 |
| June 2, 2020 |
| U.S. District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 20 Exhibits by Darnell Tipton. (GL, ilcd) |
TEXT ORDER entered by Judge Sue E. Myerscough on 7/23/2020. Plaintiff is barred from proceeding in forma pauperis unless he is in imminent danger of serious physical harm. He is proceeding in this case under the imminent danger exception on allegations arising from alleged dirty water in his cell with feces backing up in the sink and emanating an intolerable odor. Defendant has been served, and Defendant's Answer is due August 10, 2020. Plaintiff has filed a motion for a temporary restraining order alleging that a certain correctional officer has been making sexual remarks to Plaintiff. The motion for a temporary restraining order is denied #19 because this case is limited to the conditions in Plaintiff's cell when Plaintiff filed his complaint. Plaintiff's motion regarding alleged mail tampering #17 and motion regarding no ice or electricity #18 are denied for the same reason. This case is limited to the conditions in Plaintiff's cell when he filed his complaint. (KE, ilcd)
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| Filing 19 MOTION for Temporary Restraining Order by Plaintiff Darnell Tipton. Responses due by 8/4/2020. (Attachments: #1 Amended Complaint)(GL, ilcd) |
| Filing 18 MOTION re Eighth Amendment Violation by Plaintiff Darnell Tipton. Responses due by 7/27/2020. (GL, ilcd) (GL, ilcd). |
| Filing 17 MOTION re Mail Tampering by Plaintiff Darnell Tipton. Responses due by 7/23/2020. (GL, ilcd) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 6/24/2020. Plaintiff's motion to reopen this case is moot. #16 . This case has already been reopened. The claim in this case is limited to an Eighth Amendment claim arising from alleged dirty water with feces backing up in Plaintiff's sink. Plaintiff's alleged wrongful conviction is not a claim in this case. (KE, ilcd)
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 6/23/2020. Plaintiff's motion to file grievances is granted. #15 . (KE, ilcd)
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| Filing 16 MOTION to Reopen Complaint by Plaintiff Darnell Tipton. Responses due by 7/6/2020. (GL, ilcd) |
| Filing 15 MOTION to File Hidden Grievances by Plaintiff Darnell Tipton. Responses due by 7/6/2020. (Attachments: #1 Exhibits)(GL, ilcd) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Darnell Tipton. Justin Hammers waiver sent on 6/11/2020, answer due 8/10/2020. (KE, ilcd) |
| Filing 13 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Justin Hammers on 6/11/2020. (KE, ilcd) |
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Filing 12
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Sue E. Myerscough on 6/11/2020. See written order. (KE, ilcd)
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Filing 11
MERIT REVIEW ORDER entered by Judge Sue E. Myerscough on 6/11/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff states an Eighth Amendment claim arising from alleged dirty water with feces backing up in Plaintiff's sink and emanating an intolerable odor. This case proceeds solely on the claim identified in this paragraph. 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. This case is reopened and the order denying Plaintiff's in forma pauperis petition is vacated. The clerk is directed to enter the standard order granting Plaintiff's in forma pauperis petition and assessing an initial partial filing fee, if not already done, and to attempt service on Defendant pursuant to the standard procedures. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See written order. (KE, ilcd)
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Sue E. Myerscough on 6/11/2020. 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. (KE, ilcd)
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| Filing 10 MOTION for Reconsideration based upon Imminent Danger by Plaintiff Darnell Tipton. Responses due by 6/22/2020. (GL, ilcd) |
| Filing 9 +++ PRISONER TRUST FUND LEDGER. by Darnell Tipton (JMB, ilcd) |
| Filing 8 VACATED - JUDGMENT entered. (KE, ilcd) Modified on 6/11/2020 to show vacated pursuant to Merit Review Order entered 6/11/20. (KE, ilcd). |
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VACATED - TEXT ORDER entered by Judge Sue E. Myerscough on 6/5/2020. Plaintiff has filed this action seeking six million dollars for exposure to alleged unsanitary conditions on April 20, 2020 in Western Illinois Correctional Center. Plaintiff's petition to proceed in forma pauperis is denied #3 because Plaintiff has accumulated three or more strikes. 28 U.S.C. Sec 1915(g); Tipton v. Lashbrook, 18-cv-1519 (SDIL)("... Plaintiff "struck out" years ago...); Tipton v. Brown, 16-cv-2848 (NDIL)(dismissing case because Plaintiff had struck out and had failed to notify court of strikes). No plausible inference arises that Plaintiff is in imminent danger of serious physical harm. This case is dismissed without prejudice and closed for failure to pay the $400 filing fee. Pending motions are moot. #4 , #6 . (KE, ilcd) Modified on 6/11/2020 to show vacated pursuant to Merit Review Order entered 6/11/20. (KE, ilcd).
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| Filing 7 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) |
| Filing 6 MOTION to Consider an Unusual Request by Plaintiff Darnell Tipton. Responses due by 6/16/2020 (KE, ilcd) |
| Filing 5 Letter from Plaintiff regarding complaint. (KE, ilcd) |
| Filing 4 MOTION to Request Counsel by Plaintiff Darnell Tipton. Responses due by 6/16/2020 (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Darnell Tipton.(KE, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield,IL 62701.Merit Review Deadline set for 6/22/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Darnell Tipton. (Attachments: #1 Exhibits, #2 Envelope)(KE, ilcd) |
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| Plaintiff: Darnell Tipton | |
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| Defendant: Justin Hammers | |
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