Crabb v. Donathan et al
| Steven C Crabb |
| Paula Lodge, . Parsons, Shan Jumper and Greg Donathan |
| 4:2024cv04169 |
| September 16, 2024 |
| U.S. 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 November 14, 2024. A more recent docket listing may be available from PACER.
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| Filing 21 RESPONSE to Motion re #20 MOTION to Withdraw filed by Defendants Shan Jumper, Paula Lodge. (Powell, Theresa) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 11/13/2024. Plaintiff's motion to withdraw amended complaint #20 is GRANTED. Plaintiff's motion is, essentially, a motion to dismiss this case voluntarily. Accordingly, pursuant to Federal Rule of Civil Procedure 41, this case is DISMISSED WITHOUT PREJUDICE. Each Party shall bear their own attorneys' fees and costs. The Clerk of the Court is directed to close this case. All pending motions are denied as moot, and all entries on the Court's calendar are vacated. No judgment to enter. (KE)
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| Filing 20 MOTION to Withdraw Amended Complaint by Plaintiff Steven C Crabb. Responses due by 11/22/2024. (KLC) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 11/7/2024. Plaintiff's motion for leave to file an amended complaint #15 is DENIED. Federal Rule of Civil Procedure 15(a)(2) provides, in relevant part, that courts are to give leave to amend pleadings "when justice so requires." Id. However, a court need not grant leave to amend if the proposed amendment would be futile. Harris v. Meisner, 2021 WL 5563942, * 2 (7th Cir. Nov. 29, 2021)(quoting Runnion ex rel. Runnion v. Girl Scouts of Greater Chi. and Nw. Ind., 786 F.3d 510, 524 (7th Cir. 2015)). Here, Plaintiff has not provided any new information in his proposed amended complaint that would justify allowing him to file his proposed amended complaint. Instead, Plaintiff's amended complaint simply restates the retaliation claim alleged in his Original Complaint and as determined by the Court in its October 7, 2024 Order. D/E 6. As Defendants note in their response to his motion, Plaintiff's amended complaint invokes the phrase "inadequate medical care" in the context of a need for a single person room due to his medical conditions. However, Plaintiff's amended complaint contains no further facts to support such a claim (assuming that he is trying to assert a separate claim), and simply alleging inadequate medical care, without more, does not constitute grounds to allow him to file his proposed amended complaint. Therefore, Plaintiff's motion is denied. (KE)
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| Filing 19 RESPONSE to Motion re #15 MOTION to Amend/Correct #1 Complaint filed by Defendants Shan Jumper, Paula Lodge. (Powell, Theresa) |
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Filing 18
ORDER Authorizing Release of Records and Videos and Allowing use of Records Obtained in other matters entered by Judge Colin Stirling Bruce on 10/30/2024. See written order. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/30/2024. Defendant Jumper and Lodge's motion for release of records and video #17 is GRANTED, and the Clerk of the Court is directed to enter the proposed order that is attached to these Defendants' motion. (KE)
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| Filing 17 MOTION for Order Authorizing Release of Records and Videos and to Allow Use of Records Obtained in Other Matter by Defendants Shan Jumper, Paula Lodge. Responses due by 11/12/2024 (Attachments: #1 Text of Proposed Order)(Powell, Theresa) |
| Filing 16 Plaintiff's Response to Defendants. (ED) |
| Filing 15 MOTION for Leave to Amend/Correct #1 Complaint by Plaintiff Steven C Crabb. Responses due by 11/7/2024. (ED) |
| Filing 14 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Shan Jumper, Paula Lodge.(Powell, Theresa) |
| Filing 13 NOTICE of Appearance of Attorney by Theresa M Powell on behalf of Shan Jumper, Paula Lodge (Powell, Theresa) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Steven C Crabb. Parsons waiver sent on 10/7/2024, answer due 12/6/2024. (KLC) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Steven C Crabb. Greg Donathan waiver sent on 10/7/2024, answer due 12/6/2024. (KLC) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Steven C Crabb. Shan Jumper waiver sent on 10/7/2024, answer due 12/6/2024. (KLC) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Steven C Crabb. Paula Lodge waiver sent on 10/7/2024, answer due 12/6/2024. (KLC) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Greg Donathan, Shan Jumper, Paula Lodge, Parsons on 10/7/2024. (Attachments: #1 Lodge Waiver, #2 Jumper Waiver, #3 Donathan Waiver)(KE) |
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Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 10/7/2024. See written order. (KE)
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 10/7/2024. Pursuant to its review of the Complaint, the Court finds that Plaintiff's Complaint states a retaliation claim in violation of his First Amendment rights 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 of the Court is directed to effect service of process upon Defendants pursuant to the Court's standard procedures. 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 #4 GRANTED. See written order. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 9/27/2024. 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 +++ PRISONER TRUST FUND LEDGER by Steven C Crabb (FDS) |
| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS filed by Steven C Crabb.(FDS) |
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Filing 3
TEXT ORDER entered by Judge Colin Stirling Bruce on 9/17/2024. Plaintiff has filed a Complaint but has not paid the $405 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $405 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. (KE)
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| 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 10/7/2024. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Steven C Crabb. (Attachments: #1 Exhibits, #2 Envelope)(KE) |
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