Winston v. Thomas et al
| Andre Winston |
| Markeshia Thomas, Robert Downs, Gerald Carreon, Sharlene Caraway, Curtis Parsons and Jason Chenoweth |
| 4:2025cv04106 |
| May 22, 2025 |
| U.S. District Court for the Central District of Illinois |
| Sue E Myerscough |
| Douglas J Quivey |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on November 17, 2025. A more recent docket listing may be available from PACER.
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| Filing 27 MOTION for Order to Show Cause for Preliminary Injunction and Temporary Restraining by Plaintiff Andre Winston. Responses due by 12/1/2025 (AWR) |
| Filing 26 MOTION for Order to Review Relevant Video Footage by Plaintiff Andre Winston. Responses due by 11/28/2025. (SB) |
| Filing 25 Response by Sharlene Caraway, Gerald Carreon re #24 Notice (Other) . (Powell, Theresa) |
| Filing 24 Judicial NOTICE filed by the Plaintiff Andre Winston. (JMB) |
| Filing 23 MOTION for Extension of Time to Complete Discovery to comply with paragraph 6 of Scheduling Order by Defendants Sharlene Caraway, Gerald Carreon. Responses due by 10/17/2025 (Powell, Theresa) |
TEXT ORDER entered by Magistrate Judge Douglas J Quivey on 10/3/2025. Before the Court is Defendants Sharlene Caraway and Gerald Carreon's Motion for Extension of Time. #23 . For the reasons stated in the Motion, Motion is GRANTED. Defendants Caraway and Carreon have up to and including 11/20/2025 to provide disclosures listed in paragraph 6 of the Scheduling Order, #22 , to Plaintiff. (KE)
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Filing 22
SCHEDULING ORDER entered by Magistrate Judge Douglas J Quivey on 8/22/2025. Discovery due by 2/23/2026. Motions due by 3/23/2026. See written order. (Attachments: #1 Consent Packet)(KE)
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| Filing 21 ANSWER to #7 Amended Complaint and Affirmative Defenses by Jason Chenoweth, Robert Downs, Curtis Parsons, Markeshia Thomas.(Kang, Zherong) |
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TEXT ORDER entered by Magistrate Judge Douglas J Quivey on 7/30/2025. Plaintiff's motion for order authorizing release of records #20 is DENIED. Although he entitles his motion as one seeking a release of records, Plaintiff's motion is, in reality, a discovery request. Local Rule 26.3 prohibits litigants from filing discovery material with the Court unless that discovery material is being filed in support of a motion, such as a motion to compel or a dispositive motion. In addition, not all Defendants have filed an Answer to Plaintiff's Amended Complaint, and the Court has not yet entered a Scheduling Order in this case. As a general rule, the Court does not permit pro se litigants to engage in discovery until the Court has entered a Scheduling Order. Therefore, Plaintiff's motion is also denied as being premature. (VH)
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| Filing 20 MOTION for Order Authorizing Release of Records by Plaintiff Andre Winston. Responses due by 8/12/2025. (SB) |
| Filing 19 ANSWER to #7 Amended Complaint WITH AFFIRMATIVE DEFENSES by Sharlene Caraway, Gerald Carreon.(Powell, Theresa) |
| Filing 18 NOTICE of Appearance of Attorney by Samuel J Perkins on behalf of S Caraway, G Carreon (Perkins, Samuel) |
| Filing 17 NOTICE of Appearance of Attorney by Theresa M Powell on behalf of S Caraway, G Carreon (Powell, Theresa) |
| Filing 16 NOTICE of Appearance of Attorney by Zherong Kang on behalf of. Chenoweth, Robert Downs, G Parsons, Markeshia Thomas (Kang, Zherong) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Andre Winston. Robert Downs waiver sent on 6/20/2025, answer due 8/19/2025. (JS) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Andre Winston.. Chenoweth waiver sent on 6/13/2025, answer due 8/12/2025; G Parsons waiver sent on 6/13/2025, answer due 8/12/2025; Markeshia Thomas waiver sent on 6/13/2025, answer due 8/12/2025. (JS) |
| Filing 13 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Robert Downs on 6/20/2025. (JS) |
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TEXT ORDER entered by District Judge Sue E Myerscough on 6/20/2025. Plaintiff's motion to amend his Complaint #12 is GRANTED, in part, and DENIED, in part. Plaintiff's motion is granted to the extent that he seeks to correct the spelling of Defendant Dawn to Defendant Robert Downs. The Clerk of the Court is directed to make this change on the Court's docket and to effect service of process upon Defendant Robert Downs pursuant to the Court's standard procedures. In all other respects, Plaintiff's motion to amend is denied.(JS)
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| Filing 12 MOTION for Leave to File an Amended Complaint by Plaintiff Andre Winston. Responses due by 7/2/2025. (Attachments: #1 Part II of Motion)(SB) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Andre Winston. G Carreon waiver sent on 6/13/2025, answer due 8/12/2025. (JS) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Andre Winston. S Caraway waiver sent on 6/13/2025, answer due 8/12/2025. (JS) |
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Filing 9
HIPAA QUALIFIED PROTECTIVE ORDER. Entered by District Judge Sue E Myerscough on 6/13/2025. (JS)
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| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Markeshia Thomas,. Chenoweth,. Dawn, S. Caraway, G. Carreon, G. Parsons on 6/13/2025. (JS) |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by Andre Winston.(JS) |
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Filing 6
MERIT REVIEW ORDER entered by District Judge Sue E Myerscough on 6/13/2025. IT IS, THEREFORE, ORDERED: Plaintiff's motion for leave to file an Amended Complaint #5 is GRANTED, and the Clerk of the Court is directed to file Plaintiff's proposed Amended Complaint. Pursuant to its review, the Court finds that Plaintiff's Amended Complaint states three counts: (1) a First Amendment retaliation claim against Defendants Thomas and Chenowith; (2) an excessive force claim against Defendants Thomas and Dawn in violation of his Fourteenth Amendment rights; and (3) a Fourteenth Amendment claim against Defendants Caraway, Carreon, and Parsons for violating his Due Process rights at the Behavioral Committee hearing. Any additional claims shall not be included inthe 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. Plaintiff's Amended Complaint does not state a claim upon which relief can be granted against any other named Defendant, and the Clerk of the Court is directed to terminate all other named Defendants. Fed. R. Civ. P. 12(b)(6). The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to attempt service on Defendants pursuant to the Court's standard procedures. Plaintiff's motion to proceed in forma pauperis #3 GRANTED. See written Order. (JS)
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| Waiver of Service Returned Unexecuted as to Dawn, filed by Andre Winston. (SAG) |
| Filing 5 MOTION for Leave to File an Amended Complaint by Plaintiff Andre Winston. Responses due by 6/17/2025. (SB) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Andre Winston (KE) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Andre Winston. Responses due by 6/5/2025 (KE) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield,IL 62701.Merit Review Deadline set for 6/11/2025. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Andre Winston. (Attachments: #1 Scanning Page)(KE) |
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TEXT ORDER entered by District Judge Sue E Myerscough on 5/22/2025. 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 Andre Winston 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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