Crabb v. Donathan et al
| Steven C Crabb |
| Greg Donathan, Shan Jumper and Paula Lodge |
| 4:2024cv04214 |
| November 18, 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 January 10, 2025. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Colin Stirling Bruce on 1/10/2025. Plaintiff's motion for leave to file an amended complaint #16 is DENIED. Federal Rule of Civil Procedure 15(a) directs district courts to grant leave to amend pleadings "liberally." Id. However, a district court need not grant leave to amend if the proposed amendment would be futile. Runnion ex rel. Runnion v. Girl Scouts of Greater Chicago and NW Indiana, 786 F.3d 510, 519-20 (7th Cir. 2015). An amendment is futile if it "restat[es] the same facts using different language, reassert[s] claims previously determined, fail[s] to state a valid theory of liability, and [is unable] to survive a motion to dismiss." Garcia v. City of Chicago, 24 F.3d 966, 970 (7th Cir. 1994)(internal citations omitted). Here, Plaintiff's proposed amended complaint does not seek to add any new parties or any new claims. Plaintiff simply seeks to add additional facts or to restate the facts in a different way. The Court found in the Merit Review Order that Plaintiff's Original Complaint stated a claim upon which relief could be granted. Because Plaintiff's proposed amended complaint seeks to state the same Fourteenth Amendment Due Process claim as alleged in his Original Complaint, Plaintiff's motion is denied because the proposed amended complaint is futile. (KE)
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| Filing 18 NOTICE of Appearance of Attorney by Michael Bradshaw Norton on behalf of Greg Donathan (Norton, Michael) |
| Filing 17 RESPONSE to Motion re #16 MOTION for Leave to File Amended Complaint filed by Defendants Paula Lodge, Shan Jumper. (Powell, Theresa) |
| Filing 16 MOTION for Leave to File Amended Complaint by Plaintiff Steven C Crabb. Responses due by 1/17/2025. (Attachments: #1 Envelope)(BMG) |
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Filing 15
ORDER AUTHORIZING RELEASE OF RECORDS ANDALLOWING USE OF RECORDS OBTAINED IN OTHER MATTER Entered by Judge Colin Stirling Bruce on 12/23/24. (ANW)
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 12/23/24. Defendant Jumper and Lodge's motion for release of records and to allow use of records obtained in other matters #14 is GRANTED, and the Clerk of the Court is directed to enter the proposed order that is attached to these Defendants' motion. (ANW)
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| Filing 14 MOTION for Order Authorizing Release of Records and to Allow Use of Records Obtained in Other Matter by Defendants Paula Lodge, Shan Jumper. Responses due by 1/3/2025 (Attachments: #1 Text of Proposed Order)(Powell, Theresa) |
| Filing 13 CERTIFICATE of Service/Counsel of Discovery Documents (Interrogatories and Request to Produce to Plaintiff) by Theresa M Powell on behalf of Paula Lodge, Shan Jumper (Powell, Theresa) |
| Filing 12 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Paula Lodge, Shan Jumper.(Powell, Theresa) |
| Filing 11 NOTICE of Appearance of Attorney by Theresa M Powell on behalf of Paula Lodge, Shan Jumper (Powell, Theresa) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Steven C Crabb. Paula Lodge waiver sent on 12/9/2024, answer due 2/7/2025. (BMG) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Steven C Crabb. Shan Jumper waiver sent on 12/9/2024, answer due 2/7/2025. (BMG) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Steven C Crabb. Greg Donathan waiver sent on 12/9/2024, answer due 2/7/2025. (KE) |
| Filing 7 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Greg Donathan, Shan Jumper, Paula Lodge on 12/9/2024. (Attachments: #1 Jumper Waiver, #2 Donathan Waiver)(KE) |
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Filing 6
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 12/9/2024. See written order. (KE)
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Filing 5
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 12/9/2024. Pursuant to its review of the Complaint, the Court finds that Plaintiff's Complaint states a claim against Defendants for violating (allegedly) his Fourteenth Amendment Due Process rights based upon the conditions of his confinement. 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. Based upon Plaintiff's ledgers that the Court has obtained from Rushville in recent cases that Plaintiff has filed in this District, Plaintiff's ledgers for the past six months show an average monthly income of $1.00 or less. Therefore, no reduced filing fee will be assessed. 28 U.S.C. Sec 1915(h). See written order. (KE)
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| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Steven C Crabb.(BMG) Modified on 11/27/2024 to correct event. (KE). |
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Filing 3
TEXT ORDER entered by Judge Colin Stirling Bruce on 11/19/2024. Plaintiff has not filed a petition to proceed in forma pauperis nor paid the $405 filing fee. The Clerk is directed to mail to the plaintiff an application to proceed in forma pauperis. Within 30 days, plaintiff must either pay the $405 filing fee or file an application to proceed in forma pauperis, along with account statements for the previous six months, or his complaint will be dismissed without prejudice. (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 12/9/2024. (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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