Brown v. Davis
| Robert Brown |
| . Davis |
| 3:2022cv03165 |
| August 30, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 38 NOTICE of Appearance of Attorney by Megan E Murphy on behalf of. Davis (Murphy, Megan) |
| Filing 37 Remark: Docket Sheet to Plaintiff pursuant to request. (KE) |
| Filing 36 Letter from Plaintiff requesting Status of Case. (KE) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 10/6/2022. Plaintiff's motion for an extension of time #35 is DENIED as moot. Plaintiff asks the Court to extend the date by which he has to pay the required filing fee past October 28, 2022. However, the Court has previously given Plaintiff an extension at his request, and the current deadline for Plaintiff to pay the filing fee is December 16, 2022. Therefore, Plaintiff's current motion is moot. (KE)
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| Filing 35 MOTION for Extension of Time to Pay Filing Fee by Plaintiff Robert Brown. Responses due by 10/18/2022 (KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 9/27/2022. Plaintiff's motion for an extension of time #34 is GRANTED, and Plaintiff has up to and including December 16, 2022, within which to pay the required filing fee, in full. (KE)
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| Filing 34 MOTION for Extension of Time by Plaintiff Robert Brown. Responses due by 10/11/2022 (SAG) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Robert Brown.. Davis waiver sent on 9/6/2022, answer due 11/7/2022. (KE) |
| Filing 32 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Lt. Davis on 9/6/2022. (KE) |
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Filing 31
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 9/6/2022. See written order. (KE)
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Filing 30
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 9/6/2022. Plaintiff's motion for extension of time #26 is GRANTED, and Plaintiff has up to and including October 28, 2022, within which to pay the required filing fee, in full. Plaintiff should send his $402.00 filing fee payment to this Court and not to the United States District Court for the Southern District of Illinois. If Plaintiff does not timely pay the required filing fee, the Court will consider dismissing this case. Plaintiff's motion for counsel #3 is DENIED. Pursuant to its merit review of Plaintiff's Complaint under 28 U.S.C. Sec 1915A, the Court finds that the Complaint states a claim against Defendant for using excessive force against him in violation of Plaintiff's Eighth Amendment rights. Any additional claim(s) shall not be included in the case except at the Court's discretion and on a 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 Defendant pursuant to the Court's standard procedures. The Clerk of the Court 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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| Filing 29 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 9/19/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 28 Case transferred in from District of Illinois Southern; Case Number 3:22-cv-00570. . |
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Filing 27
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to United States District Court for the Central District of Illinois. Signed by Judge Stephen P. McGlynn on 8/29/2022. (jrj)
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| Filing 26 MOTION for Extension of Time by Robert Brown. (kare) |
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Filing 25
ORDER: The #23 motion for extension of time is GRANTED. Because Plaintiff received the Court's last order in an untimely manner, the Court will grant Plaintiff one last opportunity to pay the filing fee. Plaintiff SHALL PAY the full fee of $402 by August 30, 2022. Failure to comply with this Order will result in dismissal of this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). After the filing fee is paid, the Court will review the Complaint pursuant to Section 1915A and determine if venue is proper. In light of this Order, the #24 motion for status is moot. The Clerk of Court is DIRECTED to send Plaintiff a copy of the docket. Signed by Judge Stephen P. McGlynn on 8/9/2022. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 24 MOTION for status by Robert Brown. (jaj) |
| Filing 23 MOTION for Extension of Time by Robert Brown. (kare) |
| Filing Fee due on or before 7/26/2022 (kare) |
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Filing 22
ORDER granting in part #21 motion for extension of time. To the extent Plaintiff is asking for a continuance of all deadlines, the Court will allow Plaintiff an additional 7 days to pay his filing fee. Plaintiff must pay the full filing fee of $402 on or before July 26, 2022. If Plaintiff fails to comply with this Order, this case will be dismissed. No further extensions will be granted. To the extent Plaintiff is requesting additional time to conduct discovery and obtain video footage related to this case, the request is denied as moot. Discovery has not commenced in this case and exhibits and evidence are not required at the pleading stage. Discovery will not proceed in this case unless the filing fee is paid and the Complaint survives preliminary review pursuant to Section 1915A. Signed by Judge Stephen P. McGlynn on 7/18/2022. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 21 MOTION for Extension of Time by Robert Brown. (kare) |
| Set/Reset Deadlines: Filing Fee due on or before 7/8/2022 (kare) |
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Filing 20
ORDER granting in part #19 the motion for extension of payment deadline. Plaintiff has filed a motion asking for an extension of the deadline to pay his filing fee and requesting to pay the filing fee in 10% installments. The motion is granted in part. Plaintiff's motion to proceed in forma pauperis, which allows a plaintiff to pay in installments once an initial partial filing fee is assessed, has been denied. Therefore, Plaintiff must pay the full filing fee. However, the Court will grant Plaintiff additional time to do so. He must pay the full filing fee of $402 for this lawsuit on or before July 8, 2022. If Plaintiff fails to comply with this Order, this case will be dismissed. Signed by Judge Stephen P. McGlynn on 6/28/2022. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 MOTION for Extension of Payment Deadline by Robert Brown. (kare) |
| Filing 18 NOTICE: Plaintiff is ADVISED that the filing fee due in this case is $402.00. If Plaintiff sends a check to the Court in excess of the amount due, the check will be returned to him. Signed by Judge Stephen P. McGlynn on 5/24/2022. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 17
ORDER re #16 Letter. Plaintiff has filed a letter with the Court claiming that he has sent a check for $425 to pay for his filing fee in this matter. He believes that the reason the Court has not received the check is because staff at Menard Correctional Center are "sabotaging [his] efforts to file charges" against them. Plaintiff does not provide any specifics regarding his allegations, such as the date he mailed the check or names of those who he believes have confiscated his check. He has also not included any evidence supporting his claims, such as a copy of his authorization of payment for postage or mail receipt. It is also not clear how Plaintiff was able to mail a complaint, prisoner trust fund account, supplements, motions, and this letter to the Court but not a check. Because Brown is having difficulties sending his payment to the Court, he will be granted an extension of time to pay the filing fee. Plaintiff is ORDERED to pay the filing fee of $402.00 for this case on or before June 17, 2022. Plaintiff is reminded that failure to comply with this Order will result in dismissal of this action. (See Doc. 8, 15). Signed by Judge Stephen P. McGlynn on 5/20/2022. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 Letter from Robert Brown (kare) |
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Filing 15
ORDER: Plaintiff is ORDERED to pay the $402.00 filing fee for this case on or before May 17, 2022. Failure to comply with this Order will result in dismissal of this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). (Action due by 5/17/2022). Signed by Judge Stephen P. McGlynn on 5/10/2022. (tjk)
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| Filing 14 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 13 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 12 SUPPLEMENT by Robert Brown. Supplement to #2 Motion for Leave to Proceed in forma pauperis. (kare) |
| Filing 11 SUPPLEMENT by Robert Brown. Supplement to #1 Complaint. (kare) |
| Filing 10 SUPPLEMENT by Robert Brown. Supplement to #3 Motion for Recruitment of Counsel. (kare) |
| Filing 9 Prisoner Trust Fund Account Statement by Robert Brown. (kare) |
| Set Deadlines: Filing Fee due on or before 4/27/2022 (kek) |
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Filing 8
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #2 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from Brown's affidavit that he is indigent. Plaintiff's trust fund account balance as of March 1, 2022 was $1,320.02 (Doc. #7 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Plaintiff shall pay the $402.00 filing fee no later than April 27, 2022. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Signed by Judge Stephen P. McGlynn on 3/28/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 Prisoner Trust Fund Account Statement. (kare) |
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Filing 6
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his trust fund account statement (or institutional equivalent) for the period 9/1/2021 to 3/21/2022 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Menard Correctional Center. (Trust Fund Statement due on or before 5/9/2022). Signed by Judge Stephen P. McGlynn on 3/24/2022. (tjk)
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| Filing 5 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 03/21/2022. Consent due by 4/11/2022 (kare) |
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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 22-570-SPM. 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: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. 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 Stephen P. McGlynn on 3/21/2022. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Recruitment of Counsel by Robert Brown. (kare) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Robert Brown. (kare) |
| Filing 1 COMPLAINT against Lt. Davis filed by Robert Brown.(kare) |
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| Plaintiff: Robert Brown | |
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| Defendant: . Davis | |
| Represented By: | Megan E Murphy |
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