Kennedy v. Brown et al
| Robert Lee Kennedy |
| . Mathus, . Lee, . Brown, . Laugacie and Gerald Bustos |
| 4:2020cv04198 |
| September 21, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Colin Stirling Bruce on 11/12/2020. On September 21, 2020, Plaintiff filed this suit under 42 U.S.C. Section 1983 alleging that Defendants violated his Constitutional rights. That same day, Plaintiff moved for leave to proceed in forma pauperis in order to litigate this case. The Court granted Plaintiff's IFP motion on September 22, 2020, and imposed an initial, partial filing fee of $24.67 to be paid by Plaintiff in order to proceed with this case. Because Plaintiff had not paid this initial, partial filing fee by the time that the Court conducted its merit review of his complaint, the Court gave Plaintiff a deadline by which to pay his initial, partial filing fee and advised Plaintiff that, if he did not pay this fee by the Court-imposed deadline, the Court would dismiss this case. This deadline has now expired, and Plaintiff has not paid the $24.67 owed. Accordingly, this case is dismissed without prejudice based upon Plaintiff's failure to pay the initial, partial filing fee as ordered by the Court. No judgment to enter. (KE, ilcd)
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| Filing 10 WAIVER OF SERVICE Returned Executed by Gerald Bustos. Gerald Bustos waiver sent on 10/5/2020, answer due 12/4/2020. (Hatten, Alivia Hatten) |
| Filing 9 NOTICE of Appearance of Attorney by Alivia Hatten Jalyn Hatten on behalf of Gerald Bustos (Hatten, Alivia Hatten) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Gerald Bustos on 10/5/2020. (KE, ilcd) |
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Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 10/5/2020. See written order. (KE, ilcd)
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 10/5/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states a Due Process claim under the Fourteenth Amendment based upon the conditions of his confinement against Defendant Sheriff Gerald Bustos and a Due Process medical claim under the Fourteenth Amendment against Sheriff Gerald Bustos. Any additional claim(s) 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 is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to add Sheriff Gerald Bustos as a party Defendant and is further directed to attempt service on Sheriff Gerald Bustos pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss all other named Defendants because Plaintiff's Complaint fails to state a claim against them upon which relief can be granted. Fed. R. Civ. Pro. 12(b)(6); 28 U.S.C. Sec 1915A. Finally, Plaintiff should pay the initial, partial filing fee of $24.67 that the Court imposed in this case. Plaintiff should pay this fee within thirty (30) days from the date of this Order. If Plaintiff fails to timely pay this fee, the Court will dismiss this case. See written order. (KE, ilcd)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 9/23/2020. Plaintiff's motion to request counsel #5 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review that the Court will conduct in the near future. (KE, ilcd)
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 9/22/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $24.67. 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. Plaintiff is ultimately responsible for ensuring that the initial partial filing fee and required monthly payments are made. Failure to do so may result in dismissal of this case. 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 10/22/2020 (KE, ilcd)
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| Filing 5 MOTION to Request Counsel by Plaintiff Robert Lee Kennedy. Responses due by 10/5/2020 (KE, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Robert Lee Kennedy. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Robert Lee Kennedy.(KE, ilcd) |
| 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 10/13/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Robert Lee Kennedy. (Attachments: #1 Envelope)(KE, ilcd) |
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