Mixon v. Winn et al
| Lester Mixon |
| . Brooks, Inmate Kyle C-110, . Countrymen, . Winn, Jay Z., Dustin Giuther, Dave Clague, Jay Zaehringer, Shane Countryman, Keith Winn and Dale Brooks |
| 4:2020cv04097 |
| April 22, 2020 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 15, 2020. A more recent docket listing may be available from PACER.
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| Filing 13 NOTICE of Change of Address by Lester Mixon. New address is 960 S. Pearl St., Galesburg, IL 61401. (ED, ilcd) Modified on 6/17/2020 to correct address (RL, ilcd). |
TEXT ORDER entered by Chief Judge Sara Darrow on 6/12/2020. The Text Order entered 5/29/2020 sent to plaintiff Lester Mixon has been returned as undeliverable. Plaintiff is reminded that he is under a continuing obligation to keep the Clerk and each opposing party informed of any change in his location. Pursuant to Central District of Illinois Local Rule 16.3(K), every pro se plaintiff must notify the Clerk of this court in writing of any change of address during the entire pendency of his case. It is not the Court's responsibility to independently maintain current addresses on all parties to pending actions. Plaintiff shall, no later than 14 days from the date of this Order, file a notice of change of address with the Clerk. Failure to do so will result in dismissal of this action. As a courtesy to Plaintiff, the Clerk is directed to send a copy of this Order to Plaintiff's last known address.(SAG, ilcd)
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| Filing 12 Mail Returned as Undeliverable, addressed to Pro Se Plaintiff - return to sender - not here. Enclosed - Text Order entered 5/29/20. (KB, ilcd) |
| Filing 11 MOTION (in letter form) to Request Counsel by Plaintiff Lester Mixon. Responses due by 6/12/2020 (ED, ilcd) |
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TEXT ORDER entered by Chief Judge Sara Darrow on 5/29/2020. Plaintiff filed a Motion to Request Counsel #11 . Plaintiff has no constitutional or statutory right to counsel in this case. In considering the Plaintiff's motion, the court asks: (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, 654-55 (7th Cir. 2007). Plaintiff has satisfied the first prong. Plaintiff has personal knowledge of the facts, he has been able to adequately communicate them to the Court, and he should be able to obtain relevant documents via the discovery process. Plaintiff indicates that he graduated from high school with a 2.0 GPA. This case does not appear likely to require expert testimony, nor does it appear overly complex at this stage. The Court finds that Plaintiff is capable of representing himself at this time. Plaintiff's motion #11 is DENIED with leave to renew. (SAG, ilcd)
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| Filing 10 WAIVER OF SERVICE Returned Executed by Lester Mixon. Brooks waiver sent on 5/7/2020, answer due 7/6/2020; Countrymen waiver sent on 5/7/2020, answer due 7/6/2020; Winn waiver sent on 5/7/2020, answer due 7/6/2020; Jay Z. waiver sent on 5/7/2020, answer due 7/6/2020. (ED, ilcd) |
| Filing 9 NOTICE of Appearance of Attorney by Bhairav Radia on behalf of. Brooks,. Countrymen,. Winn, Jay Z. (Radia, Bhairav) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to. Winn, Jay Z.,. Brooks,. Countrymen on 5/7/2020. (Attachments: #1 waiver 2, #2 waiver 3, #3 waiver 4)(SAG, ilcd) |
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Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Harold A. Baker on 5/7/2020. (SAG, ilcd)
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Filing 6
MERIT REVIEW ORDER entered by Judge Harold A. Baker on 5/7/2020. It is therefore ordered: 1. Pursuant to its merit review of the Complaint under 28 U.S.C. 1915A, the court finds that the plaintiff states a Fourteenth Amendment claim for failure to protect from harm against Defendants Winn, Countrymen, Brooks, and Jay Z. 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. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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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 $48.00. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to 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. 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. Entered by Chief Judge Sara Darrow on 5/4/2020. (SAG, ilcd)
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| Filing 5 +++ PRISONER TRUST FUND LEDGER by Lester Mixon (KE, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Chief Judge Sara Darrow. Effective immediately, all documents should be mailed or scanned to the Rock Island Division, 131 E 4th Street, Davenport, IA 52801. Merit Review Deadline set for 5/14/2020. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 4 MOTION to Request Counsel by Plaintiff Lester Mixon. Responses due by 5/6/2020 (SAG, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Lester Mixon.(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Lester Mixon.(SAG, ilcd) |
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