McCray v. Donathan et al
| Leonardo McCray |
| Greg Donathan, Erin Posey, Sandra Ham, Cody D Waterkotte, Charles Laegeler, Behavior Committee, Schuyler County, Paul Vincent, Mark Vincent and Ashaly Gregory |
| 4:2024cv04034 |
| February 15, 2024 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 MOTION for Substitution of Judge by Plaintiff Leonardo McCray. Responses due by 4/18/2024. (BMG) |
| Filing 10 MOTION to Waive Fee by Plaintiff Leonardo McCray. Responses due by 4/8/2024.(BMG) |
| Filing 9 MOTION to Waive Fees by Plaintiff Leonardo McCray. Responses due by 3/21/2024.(BMG) |
| Filing 8 +++ PRISONER TRUST FUND LEDGER by Leonardo McCray (ANW) |
TEXT ORDER Entered by Judge James E. Shadid on 2/16/24. 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 $405 filing fee). Income includes all deposits from any source. Plaintiff Leonardo McCray 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 $288.83. Plaintiff is ordered to send an institutional check or money order in the amount of $144.42, 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)
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| Set/Reset Deadlines: Prisoner Prepayment due by 3/15/2024 (ANW) |
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TEXT ORDER entered by Judge James E. Shadid on 2/16/2024. Plaintiff files a Motion for Preliminary Injunction #7 stating simply: "1) To stay criminal proceedings; 2) To return all property; 3) Allow Plaintiff to order property; and 4) Order defendant Greg Donathan to reorder all Plaintiff [sic] property that he unjustly returned to sender." The purpose of a preliminary injunction is to preserve the status quo pending a final hearing on the merits of the case. Am. Hosp. Ass'n v. Harris, 625 F.2d 1328, 1330 (7th Cir. 1980). To prevail, "the moving party must demonstrate: (1) a likelihood of success on the merits; (2) a lack of an adequate remedy at law; and (3) an irreparable harm will result if the injunction is not granted." Foodcomm Int'l v. Barry, 328 F.3d 300, 303 (7th Cir. 2003) (citations omitted). The Court notes that a temporary restraining order is an extraordinary and drastic remedy that should not be granted unless the movant, by a clear showing, carries the burden of persuasion. Allen-Bey v. Indiana State Prison, No. 309-CV-457RM, 2009 WL 3245201, at *1 (N.D. Ind. Oct. 1, 2009). Plaintiff has not met his burden of demonstrating that he is entitled to a preliminary injunction. Additionally, the Court notes that Plaintiff's Motion #7 was not signed. 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). #7 is DENIED. (SAG)
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| Filing 7 MOTION for Preliminary Injunction by Plaintiff Leonardo McCray. Responses due by 2/29/2024 (ANW) |
| Filing 6 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 2/29/2024. (ANW) |
| Filing 5 +++ PRISONER TRUST FUND LEDGER by Leonardo McCray (ANW) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Plaintiff Leonardo McCray. Responses due by 2/29/2024 (ANW) |
| Filing 3 MOTION to Request Counsel by Plaintiff Leonardo McCray. Responses due by 2/29/2024 (ANW) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. 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 3/6/2024. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by Leonardo McCray. (Attachments: #1 envelope, #2 exhibit)(ANW) |
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