Speagle v. Liberty Healthcare Corporation et al
| Billy A Speagle |
| Liberty Healthcare Corporation, Greg Donathan, Shan Jumper, Gerald Carreon, Natalia Bygrave, Elenor Schupick, Julie Goddard and Cora Bezold |
| 4:2023cv04027 |
| February 13, 2023 |
| US District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 11 AMENDED COMPLAINT against All Defendants, filed by Billy A Speagle.(ANW) |
| Prisoner Initial Partial Filing Fee received 3/6/2023, in the amount of $ 2.08; receipt number PIA 100001887 (AEM) |
TEXT ORDER entered by Judge Michael M. Mihm on 3/6/2023. Plaintiff's Motion for Leave to File Amended Complaint #10 is GRANTED. The Clerk is hereby directed to file the Amended Complaint and set the merit review deadline 30 days out.(ANW)
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| Filing 10 MOTION for Leave to File Amended Complaint by Plaintiff Billy A Speagle. Responses due by 3/17/2023 (AEM) |
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TEXT ORDER entered by Judge Michael M. Mihm on 2/27/2023. Plaintiff files #9 , a Motion for Leave to File Amended Complaint, stating that he inadvertently omitted pertinent defendants from his initial Complaint. Plaintiff attaches a copy of his Amended Complaint to his Motion; however, Plaintiff failed to sign the Amended Complaint. (See Doc. [9-1] at 10). Federal Rule of Civil Procedure 11 states, "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." Fed. R. Civ. P. 11(a). Plaintiff's Motion #9 is DENIED, with leave to renew within 30 days. If Plaintiff does not file a renewed Motion for Leave to File Amended Complaint and attach his signed proposed Amended Complaint as an exhibit within 30 days of this Order, the Court will conduct a merit review of the allegations in the initial Complaint.(ANW)
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| Filing 9 MOTION for Leave to File Amended Complaint by Plaintiff Billy A Speagle. Responses due by 3/10/2023 (Attachments: #1 Amended Complaint)(AH) |
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TEXT ORDER entered by Judge Michael M. Mihm on 2/22/23. This Court has instituted a reduced filing fee procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment will be assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $402 filing fee). Income includes all deposits from any source. Plaintiff Billy Speagle is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. Plaintiff's ledgers for the past six months show an average monthly income of $4.16. Plaintiff is ordered to send an institutional check or money order in the amount of $2.08, payable to Clerk, U.S. District Court within 30 days from the date of this order. The reduced fee may be waived if the plaintiff, within 14 days of this order, files a motion to waive the fee and demonstrates good cause for such waiver.(ANW) Modified on 2/22/2023 to correct typographical error (SAG).
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| Set/Reset Deadlines/Hearings: Prisoner Prepayment due by 3/22/2023 (ANW) |
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TEXT ORDER entered by Judge Michael M. Mihm on 2/22/2023. On 2/13/2023, Plaintiff filed a complaint and, prior to it undergoing merit review, now files a Motion for Leave to File Amended Complaint #5 , stating that he inadvertently omitted defendants from his initial complaint. Under Local Rule 7.1(F), Plaintiff was required to attach the proposed amended complaint as an exhibit to his Motion, but he did not do so. Therefore, Plaintiff's Motion #5 is DENIED, with leave to renew within 30 days. If Plaintiff does not file a renewed Motion for Leave to File Amended Complaint and attach his proposed amended complaint as an exhibit within 30 days of this Order, this case will proceed on the allegations in the initial complaint. (ANW)
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| Filing 8 +++ PRISONER TRUST FUND LEDGER. (AEM) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Plaintiff Billy A Speagle. Responses due by 3/7/2023 (AEM) |
| Filing 6 Remark: IFP form attached pursuant to Text Order entered 2/16/1023 (SAG) |
| Filing 5 MOTION for Leave to File Amended Complaint by Plaintiff Billy A Speagle. Responses due by 3/2/2023 (AEM) |
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TEXT ORDER entered by Judge Michael M. Mihm on 2/16/2023. The Text Order entered on 2/14/2023 is hereby STRICKEN as it was erroneously entered in this case.(SAG)
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TEXT ORDER entered by Judge Michael M. Mihm on 2/16/2023. On 2/13/2023, Plaintiff filed a Motion for Leave to Proceed in Forma Pauperis (IFP) #2 . The Motion appears to be missing the second page. Therefore, the motion is denied #2 . Plaintiff is directed to either pay the filing fee in full or file a complete IFP motion on or before 3/2/2023. If Plaintiff fails to either pay the fee or renew his IFP motion on or before 3/2/2023, his case will be dismissed. The Clerk is to provide Plaintiff with an IFP form to assist him.(SAG)
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| Filing 4 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 3/6/2023. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
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STRICKEN PURSUANT TO TEXT ORDER ENTERED 2/16/2023--TEXT ORDER entered by Judge Michael M. Mihm on 2/14/23. Plaintiff's petition for leave to proceed in forma pauperis is granted #2 . Pursuant to 28 U.S.C. Section 1915(b) (1), Plaintiff is assessed an initial partial filing fee of $2.08. 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. (ANW) Modified on 2/16/2023 (SAG).
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| Filing 3 +++ PRISONER TRUST FUND LEDGER. by Billy A Speagle (ANW) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Billy A Speagle. Responses due by 2/27/2023 (ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by Billy A Speagle.(ANW) |
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