Flax v. Smith et al
| Cedrick Flax |
| Keenan Smith, Brittany Greene and . Jenkins |
| 3:2025cv03105 |
| April 29, 2025 |
| U.S. District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 17, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 16 WAIVER OF SERVICE Returned Executed by. Jenkins.. Jenkins waiver sent on 9/17/2025, answer due 11/17/2025. (Fu, Bridgette) |
| Filing 15 NOTICE of Appearance of Attorney by Bridgette Fu on behalf of. Jenkins (Fu, Bridgette) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 9/12/2025. The Illinois Department of Corrections and Wexford Health Sources, Inc., have informed the Court that neither can identify Paige Deebo or Nurse Cool as employees who work for them. As a result, the Court has been unable to effect service of process upon Defendant Paige Deebo or Defendant Nurse Cool. Accordingly, the Clerk of the Court is directed to terminate Paige Deebo and Nurse Cool as party Defendants. Plaintiff should consider these individuals to be Jane Doe Defendants. Plaintiff will need to use the discovery tools contained within the Federal Rules of Civil Procedure and as explained in the Scheduling Order (that will be entered in the future) to identify the correct names or true identities for these two individuals. If he is able to determine the correct names or true identities of these two individuals, Plaintiff will need to file an amended complaint in which he names these individuals by their proper, correct names. The Court will explain this process in more detail in the Scheduling Order that the Court will enter after it has obtained service of process on Defendant Nurse Jenkins and after Nurse Jenkins has filed her Answer to Plaintiff's Complaint. (KE)
|
| Filing 14 SECOND REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Cool, Jenkins, Deebo on 9/2/2025. (Attachments: #1 Deebo Waiver, #2 Cool Waiver)(KE) |
| Filing 13 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Brittany Greene, Keenan Smith.(KE) |
|
TEXT ORDER entered by Judge Colin Stirling Bruce on 9/2/2025. Defendant Smith and Greene's motion for leave to file an answer instanter #12 is GRANTED, and the Clerk of the Court is directed to file Defendant Smith and Greene's Answer to Plaintiff's Complaint that is attached to their motion for leave to file. Finally, the Court notes that it has not yet effected service of process on Defendants Deebo, Jenkins, and Cool. Accordingly, the Clerk of the Court is directed to attempt to effect service of process, for a second time, on these three Defendants. (KE)
|
| Filing 12 MOTION for Leave to File Answer to Operative Complaint by Defendants Brittany Greene, Keenan Smith. Responses due by 9/12/2025 (Attachments: #1 Exhibit 1 - Defendants' Proposed Answer to Plaintiff's Complaint)(Ferguson, Jacob) |
| Filing 11 NOTICE of Appearance of Attorney by Jacob Ferguson on behalf of Brittany Greene, Keenan Smith (Ferguson, Jacob) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Cedrick Flax. Brittany Greene waiver sent on 5/21/2025, answer due 7/21/2025; Keenan Smith waiver sent on 5/21/2025, answer due 7/21/2025. (Attachments: #1 Executed Waiver Greene)(KE) |
| Prisoner Initial Partial Filing Fee received 6/11/2025, in the amount of $.43; receipt number PIA100006867 (AEJ) |
| Prisoner Initial Partial Filing Fee received 6/5/2025, in the amount of $20.00; receipt number PIA100006828. (JS) |
| Filing 9 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Keenan Smith, Jenkins, Brittany Greene, Paige Deebo, Cool on 5/21/2025. (Attachments: #1 Jenkins Waiver, #2 Greene Waiver, #3 Deebo Waiver, #4 Cool Waiver)(KE) |
|
Filing 8
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 5/21/2025. See written order. (KE)
|
|
Filing 7
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 5/21/2025. Pursuant to its merit review of Plaintiff's Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states two claims: (1) a claim against Sgt. Keenan Smith for using excessive force against him in violation of his Eighth Amendment rights and (2) a claim against Sgt. Smith, Nurse Jenkins, Warden Brittany Greene, Nurse Paige Deebo, and Nurse Cool for acting with deliberate indifference towards his serious medical needs in violation of his Eighth Amendment rights. Any additional claims shall not be included in the case, except at the Court's discretion on 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 attempt to effect service of process on Sgt. Keenan Smith, Nurse Jenkins, Warden Brittany Greene, Nurse Paige Deebo, and Nurse Cool pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss Defendant Healthcare Unit Administrator Jane Doe because Plaintiff's Complaint fails to state a claim against her upon which relief can be granted. Fed. R. Civ. P. 12(b)(6); 28 U.S.C. Sec 1915A. 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)
|
| Filing 6 +++ PRISONER TRUST FUND LEDGER by Cedrick Flax (RES) |
|
TEXT ORDER entered by Judge Colin Stirling Bruce on 5/8/2025 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 $23.95. 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 6/9/2025. (JS)
|
| Filing 5 +++ PRISONER TRUST FUND LEDGER by Cedrick Flax (RES) |
| Filing 4 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 5/13/2025. (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Cedrick Flax.(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 5/19/2025. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Cedrick Flax. (Attachments: #1 Envelope)(KE) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
