Penton v. Haq et al
| Jordan Penton |
| Yasir Haq, . Tinwalla, Paula Lodge, Shan Jumper, Karen Smith, Michelle Shultz, . Leftridge and Greg Donathan |
| 4:2023cv04212 |
| November 29, 2023 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| 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 January 24, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 1/24/24. Plaintiff's motion for status on his request for request counsel #19 is DENIED to the extent that he is renewing his motion for counsel. The Court does not possess the authority to require an attorney to accept pro bono appointments on civil cases such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). The most that the Court may do is to ask for volunteer counsel. Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). In deciding whether to recruit counsel for a plaintiff, a district court is to determine: (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, 503 F.3d at 65455 (citing Farmer v. Haas, 990 F.2d 319, 32122 (7th Cir. 1993)). Here, Plaintiff has not demonstrated that he has made any attempt whatsoever to obtain counsel on his own. Plaintiff states that he is unable to attempt to find counsel on his own, but this requirement is mandatory before a court will attempt to recruit counsel for a pro se litigant. Thomas v. Wardell, 951 F.3d 854, 859 (7th Cir. 2020); Eagan v. Dempsey, 987 F.3d 667, 682 (7th Cir. 2021). Furthermore, Plaintiff has offered no reason why he is incapable of litigating this case himself; he simply asks for counsel based upon the alleged difficulty of the case and his lack of knowledge of the law. However, Defendants have not yet filed an answer to Plaintiffs Complaint, and the Court has not yet entered a Scheduling Order. Therefore, there is nothing currently for Plaintiff to do, and there is no reason to expend the very limited resource of recruited counsel in this case at this stage of the litigation. After Defendants files their Answer, the Court will enter a Scheduling Order that should assist Plaintiff in litigating this case. (ANW)
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| Filing 19 MOTION Requesting Status of Motion to Request Counsel by Plaintiff Jordan Penton. Responses due by 2/6/2024 (AEM) |
| Filing 18 Remark: Letter requesting copies sent on this date. Docket Sheet attached. (AEM) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Jordan Penton.. Leftridge waiver sent on 1/16/2024, answer due 3/18/2024. (KE) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Jordan Penton. Greg Donathan waiver sent on 1/16/2024, answer due 3/18/2024; Yasir Haq waiver sent on 1/16/2024, answer due 3/18/2024; Shan Jumper waiver sent on 1/16/2024, answer due 3/18/2024; Paula Lodge waiver sent on 1/16/2024, answer due 3/18/2024; Karen Smith waiver sent on 1/16/2024, answer due 3/18/2024. (Attachments: #1 Executed Waiver Jumper, #2 Executed Waiver Haq, #3 Executed Waiver Smith, #4 Executed Waiver Donathan)(KE) |
| Filing 15 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Yasir Haq, Tinwalla, Paula Lodge, Shan Jumper, Karen Smith, Michelle Schultz, Leftridge, Greg Donathan on 1/16/2024. (Attachments: #1 Smith Waiver, #2 Shultz Waiver, #3 Lodge Waiver, #4 Leftridge Waiver, #5 Jumper Waiver, #6 Haq Waiver, #7 Donathan Waiver)(KE) |
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Filing 14
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 1/16/2024. See written order. (KE)
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Filing 13
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 1/16/2024. Pursuant to its review, the Court finds that Plaintiff's Complaint states a medical claim in violation of his Fourteenth Amendment Due Process claim against Defendants. 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 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 Court's standard procedures. Plaintiff's motion to proceed in forma pauperis #3 GRANTED. See written order. (KE)
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| Filing 12 Letter from Jordan Penton requesting a copy of case - included two stamped, self-addressed envelopes. (TC) |
| Filing 11 Additional letter from plaintiff Jordan Penton requesting copies. (BMG) |
| Filing 10 Letter from plaintiff Jordan Penton requesting copies. (BMG) |
| Filing 9 Letter from plaintiff Jordan Penton requesting copies. (BMG) |
| Filing 8 +++ PRISONER TRUST FUND LEDGER by Jordan Penton (KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 11/30/2023. 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 Jordan Penton 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 $83.33. Plaintiff is ordered to send an institutional check or money order in the amount of $41.67, 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. (KE)
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 11/30/23. 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 review of the complaint. Plaintiff may renew his motion if his claim survives that review that the Court will conduct in the near future. (ANW)
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| Filing 7 Letter Requesting Trust Fund Ledger. Trust Fund Ledger due by 12/13/2023. (KE) |
| Filing 6 Letter from Plaintiff (KE) |
| Filing 5 MOTION to Request Counsel by Plaintiff Jordan Penton. Responses due by 12/13/2023 (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Jordan Penton (KE) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jordan Penton. Responses due by 12/13/2023 (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 12/19/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Jordan Penton. (Attachments: #1 Exhibit, #2 Envelope)(KE) |
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