Laboy v. Adams et al
Plaintiff: Hector Laboy
Defendant: Austin Adams, Alexander Stuart, Jamar Range and Brandon McCune
Case Number: 4:2024cv04069
Filed: April 17, 2024
Court: U.S. District Court for the Central District of Illinois
Presiding Judge: Colin Stirling Bruce
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 28, 2024 Filing 13 WAIVER OF SERVICE Returned Executed by Hector Laboy. Austin Adams waiver sent on 5/17/2024, answer due 7/16/2024. (ANW)
May 22, 2024 Filing 12 WAIVER OF SERVICE Returned Executed by Hector Laboy. Alexander Stuart waiver sent on 5/17/2024, answer due 7/16/2024. (ANW)
May 20, 2024 Filing 11 WAIVER OF SERVICE Returned Executed by Hector Laboy. Jamar Range waiver sent on 5/17/2024, answer due 7/16/2024. (ANW)
May 17, 2024 Filing 10 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Adam, Stuart and Range on 5/17/24. (Attachments: #1 waiver 2, #2 waiver 3)(ANW)
May 17, 2024 Opinion or Order Filing 9 HIPAA QUALIFIED PROTECTIVE ORDER Entered by Judge Colin Stirling Bruce on 5/17/24. (ANW)
May 17, 2024 Opinion or Order Filing 8 MERIT REVIEW ORDER Entered by Judge Colin Stirling Bruce on 5/17/24. T IS, THEREFORE, ORDERED:1. Pursuant to its merit review of the Complaint under 28 U.S.C. 1915A, the Court finds that Plaintiff's Complaint states four claims: (1) an excessive force claim in violation of his Eighth Amendment rights against Defendant C/O Austin Adams; (2) a civil assault claim against C/O Adams under Illinois law; (3) a civil battery claim against C/O Adams under Illinois law; and (4) a Due Process claim in violation of hisFourteenth Amendment rights against Defendants Lt. Alexander Stuart and C/O Jamar Range pursuant to the United States Supreme's Court's holding in Wolff v. McDonnell, 418 U.S. 539 (1974). Any additional claims shall not be included in the case, except at the Courts discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15.2. The Clerk of the Court is directed to attempt service of process upon Defendants Adams, Stuart, and Range pursuant to the Court's standard procedures.3. The Clerk of the Court is further directed to dismiss Defendant Lt. McCune as a party Defendant because Plaintiffs Complaint fails to state a claim against Lt. McCune upon which relief can be granted. Fed. R. Civ. P. 12(b)(6); 28 U.S.C. 1915A.4. This case is now in the process of service. SEE FULL WRITTEN ORDER. (ANW)
May 6, 2024 Prisoner Initial Partial Filing Fee received 5/6/2024, in the amount of $ 45.67; receipt number 200001190. (BMG)
April 29, 2024 Filing 7 +++ PRISONER TRUST FUND LEDGER (JS)
April 29, 2024 Opinion or Order TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 4/29/2024. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $45.67. 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 5/29/2024. (KE)
April 18, 2024 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 4/18/2024. 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. (KE)
April 17, 2024 Filing 6 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 5/1/2024. (KE)
April 17, 2024 Filing 5 MOTION to Request Counsel by Plaintiff Hector Laboy. Responses due by 5/1/2024 (KE)
April 17, 2024 Filing 4 +++ PRISONER TRUST FUND LEDGER by Hector Laboy (KE)
April 17, 2024 Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Hector Laboy.(KE)
April 17, 2024 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 5/7/2024. (Attachments: #1 Notice Regarding Privacy Issues)(KE)
April 17, 2024 Filing 1 COMPLAINT against All Defendants, filed by Hector Laboy.(KE)

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Plaintiff: Hector Laboy
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Defendant: Austin Adams
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Defendant: Alexander Stuart
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Defendant: Jamar Range
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Defendant: Brandon McCune
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