Soberal v. Scott et al
| Ruben Soberal |
| Jennifer Blaesing, Travis Smith, Gregg Scott, Steve Walace and Scott Wallace |
| 4:2019cv04260 |
| December 30, 2019 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 13 MOTION for Reconsideration re Order on Motion to Request Counsel, by Plaintiff Ruben Soberal. Responses due by 3/4/2020. (GL, ilcd) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Ruben Soberal. Gregg Scott waiver sent on 2/3/2020, answer due 4/3/2020; Travis Smith waiver sent on 2/3/2020, answer due 4/3/2020; Scott Wallace waiver sent on 2/3/2020, answer due 4/3/2020. (KE, ilcd) |
TEXT ORDER entered by Judge Sue E. Myerscough on 2/12/2020. Plaintiff's motion for the Court to search for pro bono counsel is denied #7 for the reasons stated in the Court's 1/29/2020 order. Finding attorneys willing to take these cases without pay is very difficult, so the Court searches only if a plaintiff is truly not able to proceed on his or her own. Plaintiff asserts that he is emotionally handicapped and has difficulty with English because he was born in Puerto Rico. Plaintiff also asserts that the individual helping him is being released. The record at this early stage does not support Plaintiff's claim that he is emotionally or linguistically unable to proceed on his own. The claims are simple-Plaintiff fell from the top bunk, sustaining injuries. Plaintiff already has personal knowledge of the incident and his attempts, if any, to warn the Defendants of the danger. Plaintiff should be able to send standard discovery requests to obtain relevant evidence. After Defendants have filed their Answer, Plaintiff may renew his motion for counsel, attaching corroboration of his difficulties with English and his alleged emotional instability. If Plaintiff renews his motion for counsel, Plaintiff should also inform the Court of which resident was helping Plaintiff with his prior filings. (KE, ilcd)
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| Filing 11 Letter from Plaintiff Soberal requesting confirmation that Motion to Request Counsel #7 was received and docketed in its entirety. The motion that was resent will not be docketed as it is duplicative of #7 . (Attachments: #1 Scanning Sheet) (GL, ilcd) Modified on to correct typographical error 2/7/2020 (SAG, ilcd). |
| Filing 10 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Steve Walace, Travis Smith, Gregg Scott, Jennifer Blaesing on 2/3/2020. (Attachments: #1 Waiver Scott, #2 Waiver Smith, #3 Waiver Walace)(KE, ilcd) |
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Filing 9
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Sue E. Myerscough on 2/3/2020. See written order. (KE, ilcd)
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Filing 8
MERIT REVIEW ORDER entered by Judge Sue E. Myerscough on 2/3/2020. Plaintiff's petition to proceed in forma pauperis is granted #3 . Pursuant to a review of the Complaint, the Court finds that Plaintiff states possible constitutional claims as set forth above. Further delineation of the claims may be necessary as the record develops. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to attempt service on Defendants pursuant to the standard procedures. See written order. (KE, ilcd)
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| Filing 7 MOTION to Request Counsel by Plaintiff Ruben Soberal. Responses due by 2/14/2020. (Attachments: #1 Scanning Sheet)(GL, ilcd) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 1/29/2020. Plaintiff's motion for the Court to attempt to recruit pro bono counsel to represent him is denied. #4 . The Court cannot order an attorney to accept pro bono appointment on a civil case such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). Plaintiff has made reasonable efforts to find counsel, so the question is "whether the difficulty of the case-factually and legally-exceeds the particular plaintiff's capacity as a layperson to coherently present it to the judge or jury himself." Pruitt, 503 F.3d at 655 (7th Cir. 2007). On this record and at this early stage, Plaintiff appears competent to proceed pro se. He has graduated from high school, and his pleadings adequately convey the factual basis for his claims. Plaintiff may renew his motion on a more developed factual record, setting forth any jobs he has had inside or outside of prison or the detention center, any classes he has taken in prison or the detention center, and his litigation experience in state and federal court. (KE, ilcd)
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TEXT ORDER: This Court has instituted a reduced payment procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment is assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $400 filing fee). Income includes all deposits from any source. The plaintiff Ruben Soberal is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. However, the plaintiff's ledgers for the past six months show an average monthly income of $1.00 or less. No reduced filing fee will be assessed. Entered by Judge Sue E. Myerscough on 1/6/2020. (SAG, ilcd)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER. (SAG, ilcd) |
| Filing 5 Letter from Clerk of Court to Rushville TDF Trust Fund Dept. requesting ledgers 6/30/19 through 12/30/19 (SAG, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield,IL 62701.Merit Review Deadline set for 1/22/2020. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Magistrate Judge Tom Schanzle-Haskins added. (SAG, ilcd) |
| Filing 4 MOTION to Request Counsel by Plaintiff Ruben Soberal. Responses due by 1/13/2020 (SAG, ilcd) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Ruben Soberal. Responses due by 1/13/2020 (SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Ruben Soberal.(SAG, ilcd) |
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