Smith v. Hughes et al
| Antonio Smith |
| LaToya Hughes, Steven Majors, Reid Cerutti, Leslie Kerr, Nicole Price, Areda Johnson, Justin Hammers, Edward Escamillia, Lisa Weitekamp, Heath McDowell, Derek Durbin, Chelsey Rhodes, Elizabeth McIntosh, E. Taylor, . Dirks, E. Pierson and Steven Campbell |
| 3:2025cv03049 |
| February 25, 2025 |
| U.S. District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 13 MOTION to Dismiss Complaint Without Prejudice by Plaintiff Antonio Smith. Responses due by 4/29/2025. (KLC) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 4/15/2025. Plaintiff filed a Motion to Dismiss Complaint Without Prejudice #13 indicating that he wishes to dismiss this suit without prejudice. Because Defendants have not yet filed an answer, Plaintiff is entitled to voluntarily dismiss this case, without a court order, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Plaintiff's Motion #13 is GRANTED. This case is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to close this case. Plaintiff is notified that the Court does not have discretion to waive payment of Plaintiff's filing fee. Plaintiff remains responsible for the filing fee even though his case has been dismissed. Finally, Plaintiff asks the Clerk to send him a copy of his Complaint. Plaintiff's Complaint and accompanying exhibits are 135 pages. The charge for copies is $0.50 per page, and Plaintiff may contact the Clerk's Office to request and pay for any copies he desires. (SAG)
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| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Antonio Smith.(JS) |
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TEXT ORDER entered by Judge Jonathan E. Hawley on 4/11/2025. On 2/28/2025, the Court denied Plaintiff's Petition to Proceed in forma pauperis and ordered him to pay the filing fee of $405 by 3/21/2025. On 3/6/2025, Plaintiff filed a Motion to Reconsider. The Court denied Plaintiff's Motion and again directed him to pay the filing fee by 3/21/2025. On 3/17/2025, Plaintiff filed a Motion for Leave to File Amended Complaint but did not pay the filing fee. On 4/4/2025, the Clerk received $10 from Plaintiff. The Court sua sponte provided an additional 14 days, or until 4/18/2025, to pay the remaining balance. Plaintiff now files a "Motion/Notice of Unable to Pay Filing Fee Emergency Request to Consider Motion to Amend Complaint and Request for Counsel" #11 asserting that he is unable to pay the remaining balance of $395.00. Plaintiff also argues his Amended Complaint demonstrates that he is under imminent danger of serious physical injury and asks the Court to appoint counsel to represent him. The Court has reviewed his Amended Complaint, and like his original Complaint, his allegations relate to "past harms." Regarding his allegations related to his seizure medication, Plaintiff may submit medical request slips or sick call requests for medical treatment. The Court will grant Plaintiff a final 14-day extension to pay the filing fee. Plaintiff is ORDERED to pay the remaining balance of $395 by 5/2/2025. The failure to do so will result in the dismissal of this case without prejudice. Regarding Plaintiff's request for counsel, "[t]here is no right to court-appointed counsel in federal civil litigation." Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014). When evaluating a Motion to Request Counsel, the Court must consider: "(1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt v. Mote, 503 F.3d 647, 655 (7th Cir. 2007). "When evaluating a plaintiff's competence, district courts should normally consider the plaintiff's literacy, communication skills, education level, and litigation experience." Bracey v. Grondin, 712 F.3d 1012, 1018 n.3 (7th Cir. 2013) (citing Pruitt, 503 F.3d at 655). The inquiry is individualized, taking all the relevant facts into consideration, including the stage of the litigation. Navejar v. Igiola, 718 F.3d 692, 696 (7th Cir. 2013). The Court may also consider "the perceived merits ofor likelihood of success onan indigent plaintiff's claims in its decision whether to allocate scarce pro bono counsel resources to the case before it." Watts v. Kidman, 42 F.4th 755, 764 (7th Cir. 2022). Plaintiff attached three letters from attorneys who declined to accept his case and a list of several other attorneys he contacted. The Court finds that Plaintiff made a reasonable attempt to obtain counsel. Plaintiff asserts that he suffers from seizures, his health is deteriorating, and he would have been able to demonstrate he was under imminent danger of harm if he had legal representation. Plaintiff appears competent to perform the basic tasks of litigation at the pleading stage, such as reading the instructions on the pro se complaint form and providing basic facts about his claims. See Richter v. Wexford Health Sources, Inc., 838 F. App'x 193, 195 (7th Cir. 2021); see also Pruitt, 503 F.3d at 655. Therefore, Plaintiff's Motion #11 is DENIED. Plaintiff's Motion for Leave to File Amended Complaint #9 is GRANTED. The Clerk is hereby directed to file the Amended Complaint and set the merit review deadline 30 days out. Plaintiff's Motion for Status and Request for Counsel #10 is MOOT.(JS)
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| Filing 11 MOTION to Waive Remainder of Filing Fee and MOTION for Emergency Request to Consider Motion to Amend Complaint and Request for Counsel re #9 MOTION for Leave to File, MOTION to Request Counsel by Plaintiff Antonio Smith. Responses due by 4/24/2025. (KLC) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 4/4/2025. On February 28, 2025, the Court denied Plaintiff's Petition to Proceed in forma pauperis and directed him to pay the $405.00 filing fee by March 21, 2025. (See Order, Doc. #6 ). On March 24, 2025, the Clerk received an initial partial filing fee of $10.00, but no additional payment has been made. The Court sua sponte will provide an additional 14 days for Plaintiff to pay the remaining balance of $395.00. If Plaintiff fails to pay the filing fee in full by April 18, 2025, this case will be dismissed without prejudice. After the filing fee has been paid, the Court will rule on Plaintiff's Motion for Leave to File Amended Complaint #9 and Plaintiff's Motion to Request Counsel #10 . (SAG)
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| Filing 10 MOTION for Status re #9 MOTION for Leave to File Amended Complaint and Request for Counsel by Plaintiff Antonio Smith. Responses due by 4/17/2025. (KLC) |
| Prisoner Initial Partial Filing Fee received 3/24/2025, in the amount of $ 10; receipt number 400001181 (RES) |
| Filing 9 MOTION for Leave to File Amended Complaint by Plaintiff Antonio Smith. Responses due by 3/31/2025. (KLC) |
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TEXT ORDER entered by Judge Jonathan E. Hawley on 3/10/2025. On February 28, 2025, the Court denied Plaintiff's Petition to Proceed in forma pauperis and ordered Plaintiff to pay the $405 filing fee within 21 days. Plaintiff now files a Motion to Reconsider #8 asserting that he has not accumulated three "strikes" under 28 U.S.C. 1915(g) because at least two dismissals did not count as strikes. As the Court explained in its prior Order #6 , the dismissals of Plaintiff's prior cases count as strikes under 1915(g). (Doc. #6 at p. 2) (citing Cannon v. Newport, 850 F.3d 303, 307 (7th Cir. 2017) (dismissal of case as time-barred counts as a strike under 1915(g)). Plaintiff also argues he is in imminent danger because he was transferred from a minimum-security facility to a maximum-security facility; he is currently housed on the 3rd gallery despite having a lower gallery permit; he suffers frequent seizures and has not received adequate medical care; he has not been assigned a cellmate who could summon help if he has a seizure; and his asthma symptoms worsen when other inmates smoke illegal drugs. As the Court explained in its prior Order, Plaintiff did not adequately allege that he is under imminent danger of serious physical injury because the allegations in his Complaint relate to past harms. (Doc. #6 at pp. 3-4). Plaintiff's Motion to Reconsider #8 is DENIED. Plaintiff is DIRECTED to pay the $405 filing fee in full by March 21, 2025. If Plaintiff fails to pay the filing fee, this case will be dismissed without prejudice.(ANW)
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Filing 8
MOTION to Reconsider In Forma Pauperis re #6 Order entered by District Judge Jonathan E Hawley on 2/28/2025 by Plaintiff Antonio Smith. Responses due by 3/20/2025. (KLC)
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| Filing 7 Exhibits re #1 Complaint by Antonio Smith. (KLC) |
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Filing 6
ORDER entered by District Judge Jonathan E Hawley on 2/28/2025. IT IS THEREFORE ORDERED: 1. The Clerk is directed to VACATE the Order entered on February 25, 2025, granting Plaintiff's Petition to Proceed in forma pauperis #3 . 2. For the reasons stated in this Order, Plaintiff's Petition to Proceed in forma pauperis #3 is DENIED. Plaintiff is DIRECTED to pay the $405 filing fee in full within 21 days of this Order. If Plaintiff fails to pay the filing fee within 21 days, this case will be dismissed without prejudice. 3. Plaintiff's Motion to Request Counsel #5 is DENIED with leave to renew. SEE FULL WRITTEN ORDER.(SAG)
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| Filing 5 MOTION to Request Counsel by Plaintiff Antonio Smith. Responses due by 3/11/2025 (ANW) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Antonio Smith (ANW) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Antonio Smith.(ANW) Modified on 3/4/2025 (SAG). |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Jonathan E Hawley. 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 3/17/2025. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by Antonio Smith. (Attachments: #1 exhibit, #2 exhibit, #3 envelope)(ANW) |
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VACATED PURSUANT TO ORDER ENTERED 2/28/2025--TEXT ORDER entered by District Judge Jonathan E Hawley on 2/25/25 granting #3 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $5.20. 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 3/27/2025. (ANW) Modified on 2/28/2025 (SAG).
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