Crabb v. Jumper
| Steven C Crabb |
| Greg Donathan, John Doe, David Suire and Shan Jumper |
| 4:2024cv04051 |
| March 21, 2024 |
| 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 |
| Defendant |
Docket Report
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This docket was last retrieved on May 14, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 5/14/24. Plaintiff's motion to consent to a United States Magistrate Judge #25 is DENIED. The Court understands Plaintiff's motion as one providing his consent to proceed in this case before a United States Magistrate Judge. However, in order for a Magistrate Judge to preside over this case, both Parties must consent. As of today, Defendant has not consented to proceed before a Magistrate Judge. If he desires to proceed before a Magistrate Judge, Defendant may file his consent, and the Court will transfer jurisdiction over this case to a Magistrate Judge. Until Defendant agrees to do so, this Court has jurisdiction over this case and will preside over it. (ANW)
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 5/14/24. Plaintiff's motion to allow defense counsel to receive a copy of his records #24 is DENIED as improper. Defendant has filed a motion asking for a release of Plaintiff's relevant records, and the Court granted that motion. If Defendant believes that he does not possess all of the relevant records, Defendant may file a proper motion, but it is not proper for Plaintiff to file a motion on Defendant's behalf (ANW)
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| Filing 25 MOTION to Appoint Magistrate Judge by Plaintiff Steven C Crabb. Responses due by 5/28/2024 (VH) |
| Filing 24 MOTION to Allow Defendant's Attorney to Receive my Entire Record... by Plaintiff Steven C Crabb. Responses due by 5/24/2024 (VH) |
| Filing 23 Letter from Steven Crabb regarding his search for counsel. (FDS) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 5/7/2024. Plaintiff's motion to seal his mental health and medical records #21 is DENIED. The Court does not possess Plaintiff's mental health or his medical records. To the extent that he is asking the Court to seal his records at or with the Illinois Department of Human Services, Plaintiff has cited no authority that would give this Court the authority or the jurisdiction to grant his request. Finally, to the extent that Plaintiff is (again) asking the Court to reconsider its prior order and to preclude Defendant from obtaining his medical and mental health records, Plaintiff's motion is denied. As previously explained, Plaintiff placed those records at issue when he filed this lawsuit. Therefore, Defendant is entitled to obtain and to review those records in preparing and presenting a defense to Plaintiff's Complaint against him. (KE)
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| Filing 22 Plaintiff's Response re: #12 Answer to Complaint by Steven C Crabb. (VH) |
| Filing 21 MOTION for Mental Health and Medical Records Sealed... by Plaintiff Steven C Crabb. Responses due by 5/20/2024 (VH) |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 5/3/24. Plaintiff's motion to request counsel #20 is DENIED. 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 pro se litigant, the Court must determine, "given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt, 503 F.3d at 654-55. Plaintiff has offered no reason why he is incapable of litigating this case himself; he simply asks for counsel. The Court has recently entered a Scheduling Order that should assist Plaintiff in determining how to litigate this case. Regardless, Plaintiff has provided no reason to expend the very limited resource of recruited counsel in this case at this early stage of the litigation (ANW)
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| Filing 20 MOTION to Request Counsel by Plaintiff Steven C Crabb. Responses due by 5/16/2024 (VH) |
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Filing 19
SCHEDULING ORDER entered by Judge Colin Stirling Bruce on 5/2/2024. Discovery due by 11/4/2024. Motions due by 12/4/2024. See written order. (Attachments: #1 Consent Packet)(KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/30/2024. Plaintiff's motion to include new case law #18 is DENIED. There is no pending motion to which the case cited by Plaintiff applies. Therefore, there is no reason to allow Plaintiff to supplement at this time. (KE)
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| Filing 18 Plaintiff's MOTION to Include New Case Law... by Plaintiff Steven C Crabb. Responses due by 5/13/2024 (VH) |
| Filing 17 NOTICE of Appearance of Attorney by Anthony Lucchesi on behalf of Shan Jumper (Lucchesi, Anthony) |
| Filing 16 NOTICE of Subpoena to Illinois Department of Human Services/Rushville Treatment and Detention Facility on behalf of Defendant Shan Jumper (Powell, Theresa) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/29/2024. Plaintiff's motion for leave to file an amended complaint #15 is DENIED. Plaintiff's motion does not appear to be one specifically attempting to amend his complaint. Instead, Plaintiff's motion is one in which he complains about Defendant Jumper's motion for the release of records, and the Court's Order granting that motion. Contrary to his motion, Plaintiff placed the records that Defendant Jumper sought at issue when he filed this lawsuit. Therefore, Defendant Jumper was entitled to obtain these records. To the extent that Plaintiff asks the Court to reconsider its April 17, 2024 Order authorizing the release of those records, Plaintiff's motion is denied. To the extent that he seeks to amend his complaint to include a claim under HIPAA, Plaintiff's motion is denied for failure to state a claim upon which relief can be granted. Defendant Jumper did not violate Plaintiff's HIPAA rights because he obtained an Order from the Court prior to obtaining those records. (KE)
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| Filing 15 MOTION for Leave to File Amended Complaint by Plaintiff Steven C Crabb. Responses due by 5/10/2024 (VH) |
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Filing 14
ORDER Authorizing Release of Records entered by Judge Colin Stirling Bruce on 4/17/2024. See written order. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/17/2024. Defendant's motion for release of records #13 is GRANTED, and the Clerk of the Court is directed to enter the proposed order that is attached to Defendant's motion. (KE)
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| Filing 13 MOTION for Order Authorizing Release of Records to Rushville Treatment and Detention Facility by Defendant Shan Jumper. Responses due by 4/30/2024 (Attachments: #1 Text of Proposed Order)(Powell, Theresa) |
| Filing 12 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Shan Jumper.(Powell, Theresa) |
| Filing 11 NOTICE of Appearance of Attorney by Theresa M Powell on behalf of Shan Jumper (Powell, Theresa) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Steven C Crabb. Shan Jumper waiver sent on 4/8/2024, answer due 6/7/2024. (KE) |
| Filing 9 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Shan Jumper on 4/8/2024. (KE) |
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Filing 8
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 4/8/2024. See written order. (KE)
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Filing 7
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 4/8/2024. Pursuant to its merit review of the Complaint, the Court finds that Plaintiff's Complaint states a Fourteenth Amendment Due Process claim against Defendant Shan Jumper for interfering with his ability to obtain adequate treatment, thereby needlessly extending his confinement at Rushville. 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 Defendant Shan Jumper pursuant to the Court's standard procedures. The Clerk 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. 28 U.S.C. Sec 1915A; Fed. R. Civ. P. 12(b)(6). The Clerk of the Court is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Plaintiff's motion to proceed in forma pauperis #3 GRANTED. See written order. (KE)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER by Steven C Crabb (KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 3/22/2024. 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 review of the complaint. Plaintiff may renew his motion if his claim survives that review that the Court will conduct in the near future. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 3/22/2024. This Court has instituted a reduced payment procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment is 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. The plaintiff Steven Crabb is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. However, the plaintiff's ledgers for the past six months show an average monthly income of $1.00 or less. No reduced filing fee will be assessed. (KE)
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| Filing 5 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 4/4/2024. (KE) |
| Filing 4 MOTION to Request Counsel by Plaintiff Steven C Crabb. Responses due by 4/4/2024 (KE) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Steven C Crabb. Responses due by 4/4/2024 (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 4/10/2024. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Steven C Crabb. (Attachments: #1 Envelope)(KE) |
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