Moore v. Jeffreys et al
| Robbie J Moore |
| Rob Jeffreys and Chase Wilate |
| 4:2022cv04004 |
| January 7, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 4, 2022. A more recent docket listing may be available from PACER.
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| Filing 19 WAIVER OF SERVICE Returned Executed by Robbie J Moore. Rob Jeffreys waiver sent on 2/15/2022, answer due 4/18/2022. (KE) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Robbie J Moore. Chase Wilate waiver sent on 2/15/2022, answer due 4/18/2022. (KE) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 2/24/2022. Plaintiff's motion to serve Defendants #17 is DENIED as moot. Contrary to Plaintiff's assertion, the Clerk of the Court has issued service of process to both Defendants. Furthermore, although Plaintiff filed this case on January 7, 2022, the Court did not conduct its merit review of Plaintiff's Complaint until February 15, 2022, and the Clerk of the Court issued the summons to Defendants that same day. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/24/2022. Plaintiff's motion to amend his prayer for relief #16 is GRANTED. Accordingly, Plaintiff's Complaint is amended to include the prayer for relief that is included in this motion. (KE)
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| Filing 17 MOTION to Serve Defendants by Plaintiff Robbie J Moore. Responses due by 3/9/2022 (KE) |
| Filing 16 MOTION to Amend Relief Requested by Plaintiff Robbie J Moore. Responses due by 3/9/2022 (KE) |
| Filing 15 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Rob Jeffreys and Chase Wilate on 2/15/2022. (Attachments: #1 Jeffreys Waiver)(KE) |
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Filing 14
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 2/15/2022. See written order. (KE)
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Filing 13
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 2/15/2022. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states a claim against Defendants for violating his First Amendment rights and for violating his rights under the Religious Land Use and Institutionalized Persons Act. 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. The Clerk of the Court is directed to effect service of process upon Defendants pursuant to the Court's standard procedures. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See written order. (KE)
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| Prisoner Initial Partial Filing Fee received 2/14/2022, in the amount of $ 1.34; receipt number 24626010432. (BMG) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/10/2022. Plaintiff's motion for production of documents #12 is DENIED. As a general rule, discovery is not permitted before all Defendants have been served, entered an answer and appearance, and a scheduling order has been entered. Melville v. Mitchell, 2014 WL 37453, * 1 (E.D. Wis. Jan. 6, 2014); Killebrew v. Jackson, 2009 WL 3514584, * 1 (E.D. Wis. Oct. 28, 2009). These actions have not yet occurred in this case. In addition, Local Rule 26.3 prohibits a litigant from filing a discovery request directly with the Court. Instead, Plaintiff should send his discovery requests directly to Defendants, through their attorneys, once the above-stated actions have occurred. (KE)
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| Filing 12 MOTION for Production of Documents from the Court by Plaintiff Robbie J Moore. Responses due by 2/22/2022 (Attachments: #1 Summons)(KE) |
| Filing 11 Remark: Docket Sheet to Plaintiff pursuant to Text Order. (KE) |
| Filing 10 MOTION for Subpoena by Plaintiff Robbie J Moore. Responses due by 2/15/2022 (KE) |
| Filing 9 MOTION for Default Judgment by Plaintiff Robbie J Moore. Responses due by 2/15/2022 (Attachments: #1 Exhibits)(KE) |
| Filing 8 MOTION for Status by Plaintiff Robbie J Moore. Responses due by 2/15/2022 (KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/1/2022. Plaintiff's motion for a default judgment #9 is DENIED. A default judgment under Federal Rule of Civil Procedure 55 is only proper if a defendant has not filed an Answer. The Court has not yet conducted a merit review of Plaintiff's Complaint, and therefore, the Court has not yet effected service of process upon Defendants. Until service is accomplished, Defendants have no obligation under the Federal Rules to file an answer. In addition, a default judgment is not proper because this case is governed by the Prison Litigation Reform Act. Coleman v. Gullet, 2012 WL 5986769, * 3 (E.D. Mich. July 30, 2012)(quoting Jones v. Bock, 549 U.S. 199, 21314 (2007)). Therefore, Plaintiff's motion for a default judgment is denied. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/1/2022. Finally, Plaintiff's motion for issuance of a subpoena #10 is DENIED. Plaintiff asks the Court to provide a copy of every case that he has filed in the federal courts to him. Plaintiff does not state why he needs this information, and in any event, the Court will not and cannot assist him in litigating this case. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/1/2022. Plaintiff's motion for status #8 is GRANTED, and the Court informs Plaintiff that the Court has not yet conducted a merit review of his Complaint. The date to which Plaintiff refers in his motion is an internal date for the Court. It is not a firm deadline in this case. The Clerk of the Court is directed to send a copy of the docket sheet in this case to Plaintiff. The Court will conduct a merit review of Plaintiff's Complaint as soon as its schedule permits. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 1/14/2022. Plaintiff's motion for a preliminary injunction #5 is DENIED. "To obtain a preliminary injunction, the moving party must show that its case has 'some likelihood of success on the merits' and that it has 'no adequate remedy at law and will suffer irreparable harm if a preliminary injunction is denied.'" Stuller, Inc. v. Steak N Shake Enter., Inc., 695 F.3d 676, 678 (7th Cir. 2012)(quoting Ezell v. City of Chicago, 651 F.3d 684, 694 (7th Cir. 2011). In his motion, Plaintiff offers no evidence to support his request for a preliminary injunction. In addition, the Court is unwilling to enter a broad and general order that requires Defendants to adhere to Plaintiff's Constitutional rights, which is the order that Plaintiff seeks. A preliminary injunction must be narrowly tailored to address a specific issue, and that is not what Plaintiff has asked the Court to do. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 1/14/2022. Plaintiff's motion to request counsel #4 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)
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| Filing 7 +++ PRISONER TRUST FUND LEDGER by Robbie J Moore. (KE) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 1/12/2022. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $1.34. 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 2/11/2022. (KE)
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| Filing 6 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE) |
| Filing 5 MOTION for Preliminary Injunction by Plaintiff Robbie J Moore. Responses due by 1/21/2022 (KE) |
| Filing 4 MOTION to Request Counsel by Plaintiff Robbie J Moore. Responses due by 1/21/2022 (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Robbie J Moore.(KE) |
| 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 1/27/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Robbie J Moore. (Attachments: #1 Subpoena, #2 Envelope)(KE) . |
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