Hunt v. Jeffreys et al
| Tavaris Earl Hunt |
| Rob Jeffreys, Tiona Farrington, Unknown Correctional Officer, P Long, . Tanner, Matt Spencer, Unknown Correctional Officers and Illinois Department of Corrections |
| 3:2022cv03120 |
| July 7, 2022 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 25, 2022. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge James E. Shadid on 7/25/2022. On July 11, 2022, the Court dismissed Plaintiffs complaint for failure to articulate a claim upon which relief could be granted and failure to exhaust administrative remedies. See July 11, 2022, Merit Review Order. Plaintiff has now filed a Motion to Alter Judgment #11 and a Motion for Leave to File an Amended Complaint #12 . Plaintiff says the Court denied his right pursuant to Federal Rule of Civil Procedure 15 to file an Amended Complaint. In addition, Plaintiff asks the Court to grant him emergency injunctive relief and stay the proceedings until he has completed the exhaustion process. Plaintiff further claims his grievance was destroyed. Nonetheless, Plaintiff also admits "he currently has a grievance pending regarding any and all of my claims." (Mot., p. 2). First, the Court did not allow Plaintiff an opportunity to amend for two reasons. As explained in the merit review order, Plaintiff failed to state a claim upon which relief could be granted. The Court did not believe Plaintiff could cure any of the stated deficiencies even if given time to file an amended complaint. Therefore, a strike was assessed. Second, the Court noted Plaintiff clearly had not fully exhausted his administrative remedies before filing his complaint. Plaintiff appealed his grievances to the ARB on approximately June 29, 2022, and filed this lawsuit one week later. Exhaustion is a mandatory required for all inmates, and it is a requirement this Court cannot waive, nor can the Court delay this lawsuit to allow Plaintiff time to exhaust. See 42 U.S.C.1997e(a). Therefore, Plaintiff's motions are denied #11 , #12 . (SAG)
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| Filing 12 MOTION for Leave to File Amended Complaint by Plaintiff Tavaris Earl Hunt. Responses due by 8/5/2022 (SAG) |
| Filing 11 MOTION to Alter Judgment by Plaintiff Tavaris Earl Hunt. Responses due by 8/5/2022 (SAG) |
| Filing 10 +++ PRISONER TRUST FUND LEDGER by Tavaris Earl Hunt (SAG) |
| Filing 9 Letter to Clerk from Tavaris Hunt (SAG) |
| Filing 8 +++ PRISONER TRUST FUND LEDGER. by Tavaris Earl Hunt (FDS) |
| Filing 7 JUDGMENT entered in a civil case (SAG) |
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Filing 6
MERIT REVIEW ORDER entered by Judge James E. Shadid on 7/11/2022. IT IS THEREFORE ORDERED: 1) Plaintiff's complaint is dismissed pursuant to 28 U.S.C. 1915A for failure to clearly articulate a claim upon which relief could be granted and failure to exhaust administrative remedies before filing his complaint. All motions are denied as moot. #3 , IFP; #4 TRO. The case is closed as any amendment would be futile. 2) This dismissal shall count as one of the Plaintiff's three allotted strikes pursuant to 28 U.S.C. Section 1915(g). The clerk of the court is directed to record the Plaintiff's strike in the three-strike log. 3) If the Plaintiff wishes to appeal this dismissal, he may 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 set forth the issues the Plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If the Plaintiff does choose to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal. SEE FULL WRITTEN ORDER.(SAG)
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| Filing 5 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 7/22/2022. (SAG) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to 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 7/28/2022. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 4 MOTION for Temporary Restraining Order or Preliminary Injunction by Plaintiff Tavaris Earl Hunt. Responses due by 7/21/2022 (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Tavaris Earl Hunt.(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Tavaris Earl Hunt.(SAG) |
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