Pizarro v. Smith et al
| Eddy Pizarro |
| . Smith, Eric Wolfeil and John Doe |
| 3:2022cv03233 |
| November 2, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| 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 December 16, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 WAIVER OF SERVICE Returned Executed by Eddy Pizarro.. Smith waiver sent on 12/12/2022, answer due 2/10/2023. (KE) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to C/O Smith on 12/12/2022. (KE) |
Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 12/12/2022. See written order (KE)
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 12/12/2022. 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 C/O Smith for failure to protect or to intervene to stop Plaintiff's cellmate from physically attacking him in violation of his Eighth Amendment rights. Any additional claims 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 dismiss Defendants Eric Wolfeil and John Doe as party Defendants because Plaintiff's Complaint fails to state a claim against them upon which relief can be granted. 28 U.S.C. Sec 1915A; Fed. R. Civ. P. 12(b)(6). The Clerk of the Court is directed to effect service of process upon C/O Smith 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 fee: $ 402, receipt number 200000311 (JMB) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 11/3/2022. Plaintiff's motion to request counsel #3 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 after he either pays the filing fee or obtains in forma pauperis status. (KE)
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Filing 5
TEXT ORDER entered by Judge Colin Stirling Bruce on 11/2/2022. Plaintiff has filed a Complaint but has not paid the $402 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $402 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. (KE)
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| Filing 4 Letter from Plaintiff regarding Filing Fee. (KE) |
| Filing 3 MOTION to Request Counsel by Plaintiff Eddy Pizarro. Responses due by 11/16/2022 (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 11/22/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Eddy Pizarro. (Attachments: #1 Exhibits)(KE) |
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