DeVost v. Davis et al
| Melvin DeVost |
| Dale Davis, Joshua Davis, Matthew Dowis, Mark Terlecki, Springfield Police Department, Rudolph Braud, Jack Campbell, Derek Dion, A Conard and Sarah Lehmann |
| 3:2022cv03010 |
| January 31, 2022 |
| U.S. District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Dale Davis, Joshua Davis, Matthew Dowis, Mark Terlecki, Jack Campbell, A Conard, Sarah Lehmann on 3/7/2022. (Attachments: #1 Lehmann Waiver, #2 J Davis Waiver, #3 Dowis Waiver, #4 D Davis Waiver, #5 Conard Waiver, #6 Campbell Waiver)(KE) |
Filing 9
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 3/7/2022. See written order. (KE)
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Filing 8
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 3/7/2022. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states two claims: (1) an excessive force claim against Defendants Dale Davis, Joshua Davis, Matthew Dowis, and Mark Terlecki in violation of his Fourth and Fourteenth Amendment Due Process rights and (2) a medical claim in violation of his Fourteenth Amendment Due Process rights against Defendants Jack Campbell, Lt. A. Conrad, and Sarah Lehmann. 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 effect service of process upon Defendants Dale Davis, Joshua Davis, Matthew Dowis, Mark Terlecki, Jack Campbell, Lt. A. Conrad, and Sarah Lehmann pursuant to the Court's standard procedures. The Clerk if further directed to dismiss Defendants Rudolph Braud, Derek Dion, and the Springfield Police Department because Plaintiff's Complaint fails to state a claim upon which relief can be granted against them. 28 U.S.C. Sec 1915A; Fed. R. Civ. Pro. 12(b)(6). The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See written order. (KE)
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TEXT ORDER granting #7 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 2/22/2022. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $52.33. 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 3/24/2022. (KE)
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| Filing 7 PETITION to Proceed in forma pauperis by Plaintiff Melvin DeVost. Responses due by 2/28/2022 (KE) Modified on 2/22/2022 to correct event.(KE). |
| Filing 6 +++ PRISONER TRUST FUND LEDGER by Melvin DeVost. (KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/3/2022. Plaintiff's motion for leave to proceed in forma pauperis #3 is DENIED with leave to re-file. Plaintiff's motion for leave to proceed IFP is incomplete, in that, he only completed and filed the first page of the Court's IFP form, and Plaintiff did not sign his IFP application. Accordingly, the Clerk of the Court is directed to send another IFP form to Plaintiff. Plaintiff must complete and file the entire IFP form provided by the Clerk, and he must sign the form under the penalties for perjury. Alternatively, Plaintiff may pay the entire $402.00 filing fee. If Plaintiff does not accomplish one of these two tasks within twenty-one (21) days from the date of this Order, the Court will dismiss this case. (KE)
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| Set/Reset Deadlines: Trust Fund Ledgers due by 2/21/2022 (KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/1/2022. 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)
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| Filing 5 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE) |
| Filing 4 MOTION to Request Counsel by Plaintiff Melvin DeVost. Responses due by 2/14/2022 (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Melvin DeVost.(KE) |
| 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 2/22/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Melvin DeVost. (Attachments: #1 USM Forms, #2 Envelope)(KE) |
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