Daniels v. Kittrell et al
| Darrian Daniels |
| Jacqueline Kittrell and Jane Doe |
| 3:2026cv03113 |
| March 31, 2026 |
| U.S. District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 15, 2026. A more recent docket listing may be available from PACER.
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| Filing 13 Remark: Blank Complaint Form pursuant to Text Order entered on 5/29/2026. (Attachments: #1 Filed Complaint) (VH) |
Filing 12
TEXT ORDER entered by Judge Michael M. Mihm on 5/29/2026. Plaintiff filed Complaint #1 under 42 U.S.C. Sec. 1983. Plaintiff's Complaint is incomplete. Plaintiff filed pages 1 and 3 of his Complaint and exhibits, but pages 2 and 4 of his Complaint are missing. The Court is unable to conduct a merit review without a complete Complaint. The Clerk is directed to STRIKE Plaintiff's incomplete Complaint #1 and to return the Complaint to Plaintiff along with a copy of this Text Order. The Clerk is further directed to provide Plaintiff with a blank section 1983 complaint form. To proceed with this action, Plaintiff must file a complete Amended Complaint within 30 days of this Order. If Plaintiff fails to do so, this case will be dismissed without prejudice.(VH)
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| Prisoner Initial Partial Filing Fee received 05/15/2026, in the amount of $23.12; receipt number 200002645. (MLW) |
| Filing 11 NOTICE to the Court filed by Darrian Daniels. (RAH) |
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Filing 10
TEXT ORDER granting #8 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 $1.56. 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 5/15/2026. Entered by Judge Michael M. Mihm on 4/15/2026. (VH)
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| Filing 9 +++ PRISONER TRUST FUND LEDGER by Darrian Daniels. (RAH) |
| Filing 8 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Darrian Daniels. (RAH) |
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Filing 7
TEXT ORDER entered by Judge Michael M. Mihm on 4/13/2026. On 3/31/2026, Plaintiff filed a Complaint under 42 U.S.C. Sec. 1983. Plaintiff has not paid the $405 filing fee or filed a Petition to Proceed in forma pauperis. On 4/10/2026, Plaintiff filed a Motion for Preliminary Injunction #6 asking the Court to order Defendants "to provide [him] with proper medical care to cure whatever disease they gave me." (Doc. #6 at p. 3). On an unspecified date, Plaintiff alleges Defendants Kittrell and Nurse Jane Doe performed a T.B. Gold blood test using a dirty needle, which caused a rash. Plaintiff states he received an antibiotic from another inmate. Plaintiff states the antibiotic helped his rash, but he still feels sick and lightheaded. Plaintiff states he was escorted to the Healthcare Unit on 4/3/2026 and informed he needed to redo the blood test because the first test did not process. Plaintiff alleges he informed staff members a dirty needle was used during the first test, but they ignored his requests and performed another blood test with a clean needle. A preliminary injunction is "an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion." Mazurek v. Armstrong, 520 U.S. 968, 972 (1997); Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008) ("A preliminary injunction is an extraordinary remedy never awarded as of right"). To prevail, "the moving party must demonstrate: (1) a likelihood of success on the merits; (2) a lack of an adequate remedy at law; and (3) an irreparable harm will result if the injunction is not granted." Foodcomm Int'l v Barry, 328 F.3d 300, 303 (7th Cir. 2003) (citations omitted). If the moving party meets the first three requirements, then the district court balances the relative harms that could be caused to either party. Incredible Tech., Inc. v. Virtual Tech., Inc., 400 F.3d 1007, 1011 (7th Cir. 2005). The Prisoner Litigation Reform Act (PLRA) limits the scope of the court's authority to enter an injunction in the corrections context. Westefer v. Neal, 682 F.3d 679, 683 (7th Cir. 2012). Plaintiff has not shown a likelihood of success on the merits. Plaintiff did not provide any medical records to substantiate his claims. Plaintiff may submit sick call requests for medical care or file grievances at his facility. The Court cannot order the facility to provide particular medical care. Additionally, the federal rules prohibit the Court from issuing the injunctive relief Plaintiff seeks at this time because the Defendants have not yet been served, nor has Plaintiff made a showing as to why service is not necessary. Fed. R. Civ. P. 65(a)-(b). Plaintiff's Motion #6 is DENIED. (VH)
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| Filing 6 MOTION for Preliminary Injunction by Plaintiff Darrian Daniels. Responses due by 4/24/2026. (RAH) |
| Filing 5 Remark: IFP Form to Plaintiff pursuant to Text Order entered this date. (KE) |
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Filing 4
TEXT ORDER entered by Judge Michael M. Mihm on 4/1/2026. Plaintiff has filed a Complaint but has not paid the $405 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $405 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 3 Letter from Plaintiff regarding Complaint. (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 4/20/2026. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Darrian Daniels.(KE) |
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