Celestin v. Avery et al
Plaintiff: James Celestin
Defendant: Kylie Avery and Serena Mullen
Case Number: 3:2023cv03217
Filed: June 27, 2023
Court: US District Court for the Central District of Illinois
Presiding Judge: Colin Stirling Bruce
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 18, 2023 Filing 11 WAIVER OF SERVICE Returned Executed by James Celestin. Kylie Avery waiver sent on 7/17/2023, answer due 9/15/2023; Serena Mullen waiver sent on 7/17/2023, answer due 9/15/2023. (KE)
July 17, 2023 Filing 10 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Kylie Avery and Serena Mullen on 7/17/2023. (Attachments: #1 Waiver Avery)(KE)
July 17, 2023 Opinion or Order Filing 9 HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 7/17/2023. See written order. (KE)
July 17, 2023 Opinion or Order Filing 8 MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 7/17/2023. 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 for deliberate indifference towards his serious medical needs in violation of his Eighth Amendment rights against Defendants. 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 effect service of process upon Defendants 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)
July 12, 2023 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 7/12/2023. In a previous Order, the Court granted Plaintiff's motion for leave to proceed in forma pauperis even though Plaintiff failed to sign that motion. In the future, Plaintiff must sign every pleading or motion that he files with the Court. If Plaintiff fails to do so, the Court may strike that motion or pleading without ruling upon the merits of that pleading or motion. Finally, if Plaintiff's representations that he made in his IFP motion are untrue, the Court may dismiss this case as a sanction even though Plaintiff did not sign his IFP motion. (KE)
July 12, 2023 Prisoner Initial Partial Filing Fee received 7/12/2023, in the amount of $ 56.97; receipt number 200000703 (JMB)
July 6, 2023 Filing 7 +++ PRISONER TRUST FUND LEDGER by James Celestin (JMB)
June 30, 2023 Opinion or Order TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 6/30/2023. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $56.97. 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 7/31/2023. (KE)
June 29, 2023 Filing 6 +++ PRISONER TRUST FUND LEDGER by James Celestin. (TC)
June 28, 2023 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 6/28/2023. 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)
June 27, 2023 Filing 5 Letter Requesting Trust Fund Ledger. Trust Fund Ledgers due by 7/11/2023. (KE)
June 27, 2023 Filing 4 MOTION to Request Counsel by Plaintiff James Celestin. Responses due by 7/11/2023 (KE)
June 27, 2023 Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by James Celestin.(KE)
June 27, 2023 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 7/17/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE)
June 27, 2023 Filing 1 COMPLAINT against All Defendants, filed by James Celestin. (Attachments: #1 Exhibit)(KE)

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Plaintiff: James Celestin
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Defendant: Kylie Avery
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Defendant: Serena Mullen
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