Winston v. Parsons et al
| Andre Winston |
| Curtis Parsons, Sharlene Caraway, Kenneth Queen and White Jason |
| 4:2026cv04147 |
| June 2, 2026 |
| U.S. District Court for the Central District of Illinois |
| Rock Island Office |
| Sue E Myerscough |
| Douglas J Quivey |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 28, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Curtis Parsons, Sharlene Caraway, Kenneth Queen, White Jason on 7/28/2026. (Attachments: #1 Caraway Waiver, #2 Queen Waiver, #3 Jason Waiver)(VH) |
Filing 14
HIPAA QUALIFIED PROTECTIVE ORDER. Entered by District Judge Sue E Myerscough on 7/28/2026. (VH) (Main Document 14 replaced on 7/30/2026) (VH).
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Filing 13
MERIT REVIEW ORDER entered by District Judge Sue E Myerscough on 7/28/2026. IT IS THEREFORE ORDERED: 1) According to the Court's Merit Review of Plaintiff's Amended Complaint under 28 U.S.C. Sec. 1915A, the Court finds that Plaintiff's Amended Complaint states a claim for an alleged violation of his Fourteenth Amendment Due Process rights against Defendants White Jason, Curtis Parsons, Sharlene Caraway, and Kenneth Queen. 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 under Federal Rule of Civil Procedure 15. 2) The Clerk is directed to ADD White Jason as a Defendant. 3) Defendants John Doe, Erin Posey, Cody Waterkotte, and Ashley Gregory are DISMISSED WITHOUT PREJUDICE. The Clerk is directed to TERMINATE Defendants Posey and Waterkotte. 4) Plaintiff's Motion for Leave to Proceed in forma pauperis #3 is GRANTED. The Court directs the Clerk to enter the standard qualified protective order under the Health Insurance Portability and Accountability Act. See full written Order.(VH)
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| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Andre Winston.(VH) |
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Filing 11
TEXT ORDER entered by Magistrate Judge Douglas J Quivey on 6/17/2026. Plaintiff's Motion for Leave to File Amended Complaint #10 is GRANTED. The Clerk is directed to file the Amended Complaint and set the merit review deadline 30 days out.(VH)
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| Filing 10 MOTION for Leave to File Complaint by Plaintiff Andre Winston. Responses due by 6/30/2026. (MJC) |
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Filing 9
TEXT ORDER entered by Magistrate Judge Douglas J Quivey on 6/12/2026. Plaintiff filed a Complaint, which was docketed as a Motion for Leave to File Complaint. (Doc. #8 ). Plaintiff did not sign his Complaint. Id. at p. 15. Federal Rule of Civil Procedure 11 states, "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." Fed. R. Civ. P. 11(a). Plaintiff's Motion #8 is DENIED, with leave to renew. To proceed with this action, Plaintiff must file his signed Complaint within 21 days of this Order. If Plaintiff fails to do so, this case will be dismissed without prejudice. (VH)
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| Filing 8 MOTION for Leave to File Complaint by Plaintiff Andre Winston. Responses due by 6/24/2026. (Attachments: #1 Exhibits)(MJC) |
| Filing 7 Remark: Blank Complaint Form pursuant to Text Order entered on 6/5/2026. (VH) |
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Filing 6
TEXT ORDER entered by District Judge Sue E Myerscough on 6/5/2026. Plaintiff, a civil detainee at the Rushville Treatment and Detention Facility, seeks to invoke the jurisdiction of this Court in his Petition for Writ of Mandamus #1 . Plaintiff asks the Court to order Defendants Parsons, Caraway, Queen, Posey, and Waterkotte to hold a new Behavior Committee hearing, to save and review video footage, and to review facility rules and procedures regarding incident reports. While the federal courts have the authority to compel action by an "officer, employee, or agency of the United States," this grant of authority does not extend to compelling action by state officials. Robinson v. People of State of Ill., 752 F.Supp. 248, 248-49 (N.D. Ill. 1990) ("Federal courts have no general power to compel action by state officers") (citing 28 U.S.C. Sec 1361). Federal Rule of Civil Procedure 81(b) abolished the common-law writ of mandamus. Mandamus relief is not available against Defendants Parsons, Caraway, Queen, Posey, and Waterkotte, who are state officials. In re Wolenski, 324 F.2d 309, 309 (3d Cir. 1963) (district court has no jurisdiction to issue a writ of mandamus compelling action by a state official). Accordingly, Plaintiff's Petition #1 is DENIED. The Court will permit Plaintiff to file a Complaint under 42 U.S.C. Sec. 1983 within 30 days of this Order. The failure to do so will result in the dismissal of this case without prejudice. The Clerk is directed to send Plaintiff a blank section 1983 complaint form.(VH)
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| Filing 5 Certificate of Service by Plaintiff Andre Winston. (BL) |
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TEXT ORDER: 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. Entered by District Judge Sue E Myerscough on 6/3/2026. (VH)
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| Filing 4 +++ PRISONER TRUST FUND LEDGER by Andre Winston. (VH) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Andre Winston. Responses due by 6/16/2026 (VH) |
| 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 6/22/2026. (Attachments: #1 Notice Regarding Privacy)(VH) |
| Filing 1 PETITION OF WRIT OF MANDAMUS against All Defendants, filed by Andre Winston. (Attachments: #1 Exhibits)(VH) Modified on 6/3/2026 to correct docket text (VH). |
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