Gardner v. Tipton et al
| Shawn Gardner |
| Kristina Tipton and Colleen Jorn |
| 3:2026cv03049 |
| February 9, 2026 |
| U.S. District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on August 6, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Colleen Jorn.(McLain, Edna) |
| Filing 22 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Kristina Tipton.(McLain, Edna) |
Filing 21
TEXT ORDER entered by Judge Michael M. Mihm on 7/2/2026. Plaintiff was directed to update his telephone number by 5/27/2026. He is out of custody. The Court warned that this suit may be dismissed if Plaintiff did not provide a current phone number. The Court must be able to contact Plaintiff. Plaintiff is now ordered to show cause why this action should not be dismissed for failure to comply with that Court Order. Plaintiff's deadline to respond to this order to show cause is July 17, 2026. Separately, Defendants' answer deadline was set at July 13, 2026. Defendants have filed a Motion for Extension of Time to Answer #19 seeking an extension until September 10, 2026. Although a brief extension is appropriate, nearly sixty additional days is excessive. The motion is GRANTED in part and DENIED in part. Defendants' answer deadline is extended to August 6, 2026.(VH)
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| Filing 20 CERTIFICATE OF SERVICE by Colleen Jorn, Kristina Tipton (McLain, Edna) |
| Filing 19 MOTION for Extension of Time to File Answer or Otherwise Plead by Defendants Colleen Jorn, Kristina Tipton. Responses due by 6/29/2026 (McLain, Edna) |
| Filing 18 NOTICE of Appearance of Attorney by Jennifer Vu on behalf of K Tipton (Vu, Jennifer) |
| Filing 17 NOTICE of Appearance of Attorney by Jennifer Vu on behalf of. Jorn (Vu, Jennifer) |
| Filing 16 WAIVER OF SERVICE Returned Executed by K Tipton. K Tipton waiver sent on 5/13/2026, answer due 7/13/2026. (McLain, Edna) |
| Filing 15 WAIVER OF SERVICE Returned Executed by. Jorn.. Jorn waiver sent on 5/13/2026, answer due 7/13/2026. (McLain, Edna) |
| Filing 14 NOTICE of Appearance of Attorney by Edna McLain on behalf of K Tipton (McLain, Edna) |
| Filing 13 NOTICE of Appearance of Attorney by Edna McLain on behalf of. Jorn (McLain, Edna) |
| Filing 12 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to K Tipton and Jorn on 5/13/2026. (Attachments: #1 Jorn Waiver)(VH) |
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Filing 11
HIPAA QUALIFIED PROTECTIVE ORDER. Entered by Judge Michael M. Mihm on 5/13/2026. (VH)
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Filing 10
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 5/13/2026. IT IS THEREFORE ORDERED: 1. Plaintiff's Motion to Request Counsel #5 is DENIED.2. Plaintiff is ORDERED to update his telephone number within 14 days, orthis action could be dismissed for failure to comply with Court orders. The Court must be able to communicate with Plaintiff. See Notice #2 . 3. Clerk is to add as a Defendant Director of Nursing Jorn. 4. Plaintiff has now been released from prison. Clerk is to send a long form petition to proceed in forma pauperis so the Court can assess his current financial situation and determine if he is still entitled to proceed IFP. Plaintiff is ORDERED to return the fully completed long-form petition within 28 days of this Order. If he does not do so this case could be dismissed for failure to comply with the Court's orders. 5. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec. 1915A, the Court finds that Plaintiff states an Eighth Amendment claim for deliberate indifference to a serious medical need against Defendants Tipton and Jorn. Plaintiff's allegations against the remaining Defendants do not state a claim and the Clerk is to terminate the remaining Defendants. The clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See full written Order.(VH)
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| Filing 9 NOTICE of Change of Address by Shawn Gardner (SKR) |
| Prisoner Initial Partial Filing Fee received 3/18/2026, in the amount of $ 4.84; receipt number PIA # 100008665 (DW) |
| Filing 8 +++ PRISONER TRUST FUND LEDGER (Attachments: #1 TFO note and envelope) (KLC) |
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TEXT ORDER 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 $7.50. 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 3/26/2026. Entered by Judge Michael M. Mihm on 2/24/2026. (VH)
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| Filing 7 +++ PRISONER TRUST FUND LEDGER (KLC) |
| Filing 6 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 2/23/2026. (KE) |
| Filing 5 MOTION to Request Counsel by Plaintiff Shawn Gardner. Responses due by 2/23/2026 (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Shawn Gardner (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Shawn Gardner.(KE) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Michael Mihm. 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 3/2/2026. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Shawn Gardner. (Attachments: #1 USM 285 Form, #2 Envelope)(KE) |
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