Holly v. Hardy et al
| David Darnell Holly |
| Assistant Warden Edwards, Marcus Hardy, Michael Lemke, Jermiagh Daly, Unknown Officers, Stateville Correctional Center, Illinois Dept of Correction and John/Jane Doe |
| 1:2017cv04501 |
| June 14, 2017 |
| U.S. District Court for the Northern District of Illinois |
| Chicago Office |
| Livingston |
| Robert M Dow |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 105 JUDGMENT IN A CIVIL CASE. Emailed notice(cdh, ) |
Filing 104
ORDER Signed by the Honorable Robert M. Dow, Jr on 12/14/2021. Defendant's motion for summary judgment #97 is granted. The Clerk is directed to enter final judgment consistent with Federal Rule of Civil Procedure 58. Civil case terminated. Emailed notice(cdh, )
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| Filing 103 REPLY by Defendant Michael Lemke to Response #102 (Shannon, Colleen) |
| Filing 102 RESPONSE by Plaintiff David Darnell Holly to defendant's Local Rule 56.1 Statement of facts (Envelope postmarked 9/27/2021; institution mail room 9/27/2021) (bg, ) |
| Filing 101 RULE 56.2 Statement by Michael Lemke regarding motion for summary judgment #97 (CORRECTED Notice to Unrepresented Litigant Opposing Summary Judgment) (Shannon, Colleen) |
| Filing 100 RULE 56.2 Statement by Michael Lemke regarding motion for summary judgment #97 (Local Rule 56.2 Notice to Pro Se Litigant) (Shannon, Colleen) |
| Filing 99 RULE 56.1 Statement by Michael Lemke regarding motion for summary judgment #97 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Shannon, Colleen) |
| Filing 98 MEMORANDUM by Michael Lemke in support of motion for summary judgment #97 (Shannon, Colleen) |
| Filing 97 MOTION by Defendant Michael Lemke for summary judgment (Shannon, Colleen) |
| Filing 96 MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report #95 filed on 8/2/2021, the Court adopts the parties' proposed briefing schedule for dispositive motions: Defendant's summary judgment motion due by September 16, 2021; Plaintiff's response due by September 30, 2021; and Defendant's reply due by October 14, 2021. The Court will issue a ruling by mail. Emailed notice (cdh, ) |
| Filing 95 STATUS Report (JOINT) by Michael Lemke (Shannon, Colleen) |
| Filing 94 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant's motion for extension of time to file a status report #93 is granted to and including 8/5/2021. Emailed notice (cdh, ) |
| Filing 93 MOTION by Defendant Michael Lemke for extension of time to file parties' joint status report (Shannon, Colleen) |
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Filing 92
ORDER: The parties were directed to file, by July 9, 2021, a joint status report containing the following information: (a) confirmation that fact discovery is complete, and (b) an agreed briefing schedule on any dispositive motions. To date, the joint status report has not been filed. The parties are directed to do so by July 29, 2021. Signed by the Honorable Robert M. Dow, Jr on 7/15/2021:Mailed notice(gw, )
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| Filing 91 MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report #90 filed on 3/19/2021, fact discovery will close on 6/30/2021. A joint status report that (a) confirms that fact discovery is complete and (b) includes an agreed briefing schedule on any dispositive motions is due no later than 7/9/2021. Emailed notice (cdh, ) |
| Filing 90 STATUS Report (JOINT) by Michael Lemke (Shannon, Colleen) |
| Filing 89 ANSWER to amended complaint and AFFIRMATIVE DEFENSES by Michael Lemke(Shannon, Colleen) |
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Filing 88
ORDER: Defendant Lemke's motion to dismiss #82 is denied. Defendant Lemke is directed to answer the complaint by March 12, 2021. The parties are directed to file a joint status report no later than March 26, 2021, including (a) a proposed discovery plan and (b) a statement in regard to whether the parties are mutually interested in a referral to the Magistrate Judge for a settlement conference at this time. Signed by the Honorable Robert M. Dow, Jr on 2/8/2021. Mailed notice. (bg, )
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| Filing 87 REPLY by Defendant Michael Lemke to Motion to Dismiss for Failure to State a Claim #82 (Shannon, Colleen) |
| Filing 86 LETTER from David Holly. (Envelope postmarked 10/7/2020). (jn, ) |
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Filing 85
ORDER: Defendant Lemke's motion to dismiss #82 is taken under advisement. Plaintiff is given until 11/20/2020 to file a response; Defendant is given until 12/11/2020 to file a reply. The Court will issue a ruling by mail. Notice of motion date of 10/6/2020 is stricken and no appearances are necessary on that date. Signed by the Honorable Robert M. Dow, Jr on 10/5/2020. Mailed notice (lma, )
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| Filing 84 NOTICE of Motion by Colleen Marie Shannon for presentment of Motion to Dismiss for Failure to State a Claim #82 before Honorable Robert M. Dow Jr. on 10/6/2020 at 09:15 AM. (Shannon, Colleen) |
| Filing 83 MEMORANDUM by Michael Lemke in support of Motion to Dismiss for Failure to State a Claim #82 (Shannon, Colleen) |
| Filing 82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Michael Lemke (Shannon, Colleen) |
| Filing 81 ATTORNEY Appearance for Defendant Michael Lemke by Colleen Marie Shannon (Shannon, Colleen) |
| Filing 80 WAIVER OF SERVICE returned executed by the U.S. Marshals as to Michael Lemke waiver sent on 7/29/2020, answer due 9/28/2020. (Attachments: #1 USM-285 Form)(sxb, ) |
| SUMMONS Issued along with USM 285 form(s), certified copy of order dated 7/24/2020 to the U.S. Marshal's Office for service as to Defendant Michael Lemke via email. (pj, ) |
| MAILED a magistrate judge consent form, filing instructions, and a copy of the Court's 7/24/2020 #79 Order to Plaintiff. (pj, ) |
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Filing 79
ORDER: The Court has reviewed Plaintiff's Third Amended Complaint #70 pursuant to 28 U.S.C. 1915A, and it may proceed as set forth in this order. The Court directs the Clerk of Court to: (1) terminate Defendant Daly; (2) issue summons for service of the Third Amended Complaint on Defendant Lemke by the U.S. Marshal; (3) forward a copy of the previously received USM-285 for this Defendant to the U.S. Marshal 72 ; and (4) mail Plaintiff a magistrate judge consent form, filing instructions, and a copy of this order. Plaintiff must promptly submit a change-of-address notification if he is transferred to another facility or released. If Plaintiff fails to keep the Court informed of his address, this action will be subject to dismissal for failure to comply with a Court order and for failure to prosecute. The Court appoints the U.S. Marshal to serve Defendant. Signed by the Honorable Robert M. Dow, Jr on 7/24/2020. Mailed notice (pj, )
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Filing 78
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk3, Docket)
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Filing 77
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket1, )
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Filing 76
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket1, )
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Filing 75
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket13, )
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Filing 74
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, )
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| Filing 73 LETTER from David Darnell Holly dated 11/13/2019. (Envelope postmarked 11/15/2019) (Received for docketing 12/5/2019) (bg, ) |
| Filing 71 LETTER from David Holly dated 7/01/2019. (Envelope postmarked 7/05/2019) (bg, ) |
| MAILED copy of order dated 6/25/2019 #69 and two blank USM-285 service forms to Plaintiff David Darnell Holly. (bg, ) |
| Filing 70 THIRD AMENDED complaint by David Darnell Holly (Envelope not postmarked; institution mail room 3/27/19) (bg, ) |
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Filing 69
ORDER: Currently before the Court is Defendants Marcus Hardy and Assistant Warden Edwards' motion for summary judgement #65 . For the reasons explained below, the Court grants the motion. Plaintiff's claims against Hardy and Edwards are dismissed with prejudice. Additionally, one week prior to the filing of that motion, Plaintiff filed his third amended complaint #64 without leave of court. The Court will construe that filing as a motion for leave to file an amended complaint, which it grants and shall treat as the operative complaint. The Court directs the clerk to send Plaintiff two blank USM-285 service forms. By July 26, 2019, Plaintiff must submit those forms so that summons may issue on the newly named defendants. The case will be set for further status after the new defendants have been served. Signed by the Honorable Robert M. Dow, Jr on 6/25/2019. Mailed notice. (bg, )
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| Filing 68 Local Rule 56.2 Notice to Pro Se Litigant by Assistant Warden Edwards, Marcus Hardy (Shannon, Colleen) |
| Filing 67 RULE 56.1 Statement by Assistant Warden Edwards, Marcus Hardy regarding motion for summary judgment #65 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Shannon, Colleen) |
| Filing 66 MEMORANDUM by Assistant Warden Edwards, Marcus Hardy in support of motion for summary judgment #65 (Shannon, Colleen) |
| Filing 65 MOTION by Defendants Marcus Hardy, Assistant Warden Edwards for summary judgment (Shannon, Colleen) |
| Filing 64 RECEIVED THIRD AMENDED Complaint and No copies by David Darnell Holly. (Envelope not postmarked; institution mail room 3/27/19). (smm, ) |
| Filing 63 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants' motion for an extension of time to and including 4/8/2019 to file their motion for summary judgment #58 is granted; Plaintiff's response is due by 5/6/2019; Defendants' reply is due 5/20/2019. Notice of motion date of 3/21/2019 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) |
| Filing 62 AMENDED NOTICE of Motion by Colleen Marie Shannon for presentment of motion for extension of time to file #58 before Honorable Robert M. Dow Jr. on 3/21/2019 at 09:15 AM. (Shannon, Colleen) |
| Filing 61 MINUTE entry before the Honorable Robert M. Dow, Jr: Notice of motion date of 3/14/2019 is stricken and no appearances are necessary on that date. For further details see Judge Dow's web-page or Notice of Judicial absences. Counsel to re-notice the motion up for another date. Mailed notice (cdh, ) |
| Filing 59 NOTICE of Motion by Colleen Marie Shannon for presentment of motion for extension of time to file #58 before Honorable Robert M. Dow Jr. on 3/14/2019 at 09:15 AM. (Shannon, Colleen) |
| Filing 58 MOTION by Defendants Assistant Warden Edwards, Marcus Hardy for extension of time to file motion for summary judgment (Shannon, Colleen) |
| Filing 60 NOTICE by David Darnell Holly of Change of Address. (Envelope postmarked 3/1/2019; institution mail room 3/1/19) (Document does not have case number) (ek, ) Modified on 3/8/2019 (aee, ). |
| Filing 57 RECEIVED THIRD AMENDED Complaint and No copies by David Darnell Holly. (Envelope postmark 2/20/19). (smm, ) |
| Filing 56 CERTIFICATE of Service of Notification of Docket Entry by Aleksandra M. S. Vold on behalf of David Darnell Holly (Vold, Aleksandra) |
| Filing 55 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Based on counsel's representation that she does not believe that she can advance this case consistent with her Rule 11 obligations, oral motion to withdraw appearances of Aleksandra M. S. Vold and George James Tzanetopoulos on behalf of Plaintiff is granted. Defendants are given until 3/8/2019 to file a motion to dismiss; Plaintiff Holly' is given until 4/5/2019 to file either (1) a response in opposition to Defendants motion to dismiss or (2) a notice of voluntary dismissal if he no longer wishes to pursue this litigation. If Plaintiff fails to file a response by the due date (or any extension of time that the Court may grant), the Court will assume that Plaintiff either agrees with Defendants position or otherwise does NOT wish to pursue the litigation. If a response is filed, Defendant is given until 4/19/2019 to file a reply brief. Withdrawing counsel is directed to serve a copy of this order on Mr. Holly and to place on the docket a certificate of compliance with this order. Mailed notice. (cdh, ) |
| Filing 54 MINUTE entry before the Honorable Robert M. Dow, Jr: Per the parties' request in their joint status report #53 , the Court sets this case for a status hearing on 02/05/2019 at 9:00 a.m. Mailed notice (cdh, ) |
| Filing 53 STATUS Report (JOINT) by David Darnell Holly (Vold, Aleksandra) |
| Filing 52 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Parties are given leave to take the deposition of Plaintiff David Darnell Holly who is detained. Parties to file a joint status report by 1/15/2019. Mailed notice (cdh, ) |
| Filing 51 MINUTE entry before the Honorable Robert M. Dow, Jr: In view of the designation of December 5, 2018 as a National Day of Mourning, the United States District Court for the Northern District of Illinois will be closed. Accordingly, the status hearing in this matter set for 12/5/2018 at 9:00 a.m. is stricken and reset to 12/6/2018 at 9:30 a.m. If that date and/or time pose a problem for counsel, they may contact the Courtroom Deputy, Carolyn Hoesly, by e-mail at carolyn_hoesly@ilnd.uscourts.gov to request a different date and/or time. Mailed notice (cdh, ) |
| Filing 50 MINUTE entry before the Honorable Robert M. Dow, Jr:Status hearing held on 10/17/2018. Status hearing set for 12/5/2018 at 09:00 AM.Mailed notice (clw, ) |
| Filing 49 MINUTE entry before the Honorable Robert M. Dow, Jr: At the request of the parties, the status hearing set for 9/27/2018 is cancelled and reset to 10/17/2018 at 9:00 a.m. Mailed notice (cdh, ) |
| Filing 48 NOTICE by David Darnell Holly of Change of Address. (Envelope postmark illegible) (aee, ) |
| Filing 47 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion to withdraw #45 is granted. Notice of motion date of 8/7/2018 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) |
| Filing 46 NOTICE of Motion by Audrey Denise Mense for presentment of motion to withdraw as attorney #45 before Honorable Robert M. Dow Jr. on 8/7/2018 at 10:00 AM. (Mense, Audrey) |
| Filing 45 MOTION by Attorney Audrey D. Mense to withdraw as attorney for David Darnell Holly. No party information provided (Mense, Audrey) |
| Filing 44 MINUTE entry before the Honorable Robert M. Dow, Jr:Status hearing held on 7/26/2018. Status hearing set for 9/27/2018 at 09:00 AM.Mailed notice (clw, ) |
| Filing 43 NOTICE by Aleksandra M. S. Vold of Change of Address (Vold, Aleksandra) |
| Filing 42 ATTORNEY Appearance for Plaintiff David Darnell Holly by George James Tzanetopoulos (Tzanetopoulos, George) |
| Filing 41 MINUTE entry before the Honorable Robert M. Dow, Jr: By agreement of the parties, the status hearing set for 7/25/2018 is cancelled and reset to 7/26/2018 at 9:00 a.m. Mailed notice (cdh, ) |
| Filing 40 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 7/25/2018 at 9:00 a.m. Mailed notice (cdh, ) |
| Filing 39 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion for general extension of time for Plaintiff to answer and otherwise respond to developments in the case #37 is granted. Notice of motion date of 6/7/2018 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) |
| Filing 38 NOTICE of Motion by Audrey Denise Mense for presentment of extension of time #37 before Honorable Robert M. Dow Jr. on 6/7/2018 at 09:30 AM. (Mense, Audrey) |
| Filing 37 MOTION by Plaintiff David Darnell Holly for extension of time to answer or otherwise respond to developments in the case (Mense, Audrey) |
| Filing 36 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 6/14/2018 at 9:00 a.m. Plaintiff is given until 5/31/2018 to file an amended complaint. Mailed notice (cdh, ) |
| Filing 35 MINUTE entry before the Honorable Robert M. Dow, Jr: Due to the Court's trial calendar, the status hearing set for 5/8/2018 is stricken and reset to 5/9/2018 at 9:45 a.m. Mailed notice (cdh, ) |
| Filing 34 ATTORNEY Appearance for Plaintiff David Darnell Holly by Aleksandra M. S. Vold (Vold, Aleksandra) |
| Filing 33 ATTORNEY Appearance for Plaintiff David Darnell Holly by Audrey Denise Mense (Mense, Audrey) |
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Filing 32
ORDER: As noted in the Court's March 21 minute entry #31 , the Court has granted Plaintiff's request for recruitment of counsel. Accordingly, the Court requests that Aleksandra M. S. Vold, Thompson Coburn LLP, 55 East Monroe Street, 37th Floor, Chicago, IL, 60603, Tel: 312- 580-5032, e-mail: avold@thompsoncoburn.com accept the Court's invitation to represent Plaintiff in accordance with counsel's trial bar obligations under N.D. Ill. Local Rules 83.11(h) and 83.37. Counsel is requested to enter an appearance for Plaintiff and confer with Plaintiff and opposing counsel concerning the status of the case. To allow recruited counsel time to get up to speed on the case, the next status hearing is set for May 8, 2018 at 9:30 a.m. The Clerk is directed to send a copy of this Order to Ms. Vold. Signed by the Honorable Robert M. Dow, Jr on 3/28/2018. Mailed notice (cc, )
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Filing 31
ORDER: Status hearing held. Mr. Holly was present for the hearing (as he was in the building on his criminal case). The Court grants Plaintiff's request for recruitment of counsel. A further order to follow with a further status hearing. Signed by the Honorable Robert M. Dow, Jr on 3/21/2018. Mailed notice (cc, )
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| Filing 30 MINUTE entry before the Honorable Robert M. Dow, Jr: At the request of the counsel, the status hearing set for today is reset to 3/21/2018 at 9:45 a.m. The Court directs defense counsel to make the necessary arrangements for Plaintiff to participate in the hearing by telephone. Mailed notice (cdh, ) |
| Filing 29 WITHDRAWING Joseph Lupinacci as counsel for Defendants Assistant Warden Edwards, Marcus Hardy and substituting Colleen Marie Shannon as counsel of record (Shannon, Colleen) |
| Filing 28 Defendants' ANSWER to amended complaint and Affirmative Defenses by Assistant Warden Edwards, Marcus Hardy(Lupinacci, Joseph) |
| Filing 26 AMENDED complaint by David Darnell Holly against Assistant Warden Edwards, Marcus Hardy, Unknown Officers, (cc, ) Modified on 1/25/2018 (cc, ). |
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Filing 25
ORDER: Defendants motion to dismiss #22 is denied without prejudice. Although it refers to certain allegations made in Plaintiff's amended complaint, the motion appears to be premised on the original complaint in this case, which was inadvertently filed on the docket #10 following the Court's August 28, 2017, order screening Plaintiff's amended complaint. This case is proceeding on Plaintiff's amended complaint #6 . The Clerk is directed to file Plaintiff's amended complaint #6 . Defendants are given until February 23, 2018 to file a responsive pleading to Plaintiff's amended complaint. If Defendants renew their motion to dismiss, any such motion should address the theory discussed in Antonelli v. Sheahan, 81 F.3d 1422, 142829 (7th Cir. 1996), and upon which Plaintiff was allowed to proceed against Defendants, specifically that senior prison officials may be personally responsible for systemic conditions at the facility they supervise. [See 9 at 4.] Notice of motion date of February 7, 2018 is stricken and no appearances are necessary on that date. This case is set for further status hearing on February 28, 2018 at 9:30 a.m. Counsel for Defendants is requested to make arrangements for Plaintiff to appear by telephone. Status hearing set for 2/28/2018 at 09:30 AM. Signed by the Honorable Robert M. Dow, Jr on 1/25/2018. Mailed notice (cc, )
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| Filing 23 NOTICE of Motion by Joseph Peter Lupinacci for presentment of Motion to Dismiss for Failure to State a Claim #22 before Honorable Robert M. Dow Jr. on 2/7/2018 at 09:15 AM. (Lupinacci, Joseph) |
| Filing 22 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Assistant Warden Edwards, Marcus Hardy (Lupinacci, Joseph) |
| Filing 24 WAIVER OF SERVICE returned executed by U.S. Marshals as to Assistant Warden Edwards waiver sent on 1/16/2018, answer due 3/19/2018. (cc, ) |
| Filing 21 ATTORNEY Appearance for Defendant Assistant Warden Edwards by Joseph Peter Lupinacci (Lupinacci, Joseph) |
| Filing 20 ATTORNEY Appearance for Defendant Marcus Hardy by Joseph Peter Lupinacci (Lupinacci, Joseph) |
| Filing 19 WAIVER OF SERVICE returned executed by David Darnell Holly. Assistant Warden Edwards waiver sent on 12/29/2017, answer due 2/27/2018. (cc, ) |
| Filing 18 WAIVER OF SERVICE returned executed by U.S. Marshal Service. Marcus Hardy waiver sent on 11/27/2017, answer due 1/26/2018. (Attachments: #1 Waiver)(ags, ) |
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Filing 17
ORDER: Plaintiff has written a letter to the Court expressing concern that the responsibility for serving Defendant Assistant Warden Edwards has been transferred to him, rather than the U.S. Marshal. [15.] Plaintiff's concern is unfounded. The U.S. Marshal has been appointed to serve Defendants, and Plaintiff has discharged his responsibility in regard to service by returning the USM-285 as instructed. To the extent Plaintiff requests attorney representation, that request is denied without prejudice for the reasons stated in this Court's August 28, 2017, order. [9.] The Clerk is directed to forward the USM-285 for Edwards 16 to the Marshal. Plaintiff is reminded that requests for relief should come in the form of motions, rather than letters to the Court. Signed by the Honorable Robert M. Dow, Jr on 11/8/2017. Mailed notice (cc, )
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| Filing 15 LETTER from David Holly dated 10/23/17. (Envelope postmarked 10/25/17) (cc, ) |
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Filing 14
ORDER: The summons for Defendant Assistant Warden Edwards has been returned unexecuted, with a notation that the U.S. Marshal was unable to obtain a waiver of service for this individual because he is retired. [13.] The Court directs the Clerk to issue an alias summons for Assistant Warden Edwards. The Court directs the Marshal to make all reasonable efforts to serve this Defendant, and as part of that effort, the Illinois Department of Corrections is directed to provide the Marshal with Assistant Warden Edwards's last-known address. The Marshal will use the information only for purposes of effectuating service or to show proof of service, and any documentation of the address shall be retained only by the Marshal. Address information will not be maintained in the Court file nor disclosed by the Marshal, except as necessary to serve Defendant. The Clerk of Court is directed to mail Plaintiff a blank USM-285 (U.S. Marshals service) form. The Court advises Plaintiff that a completed USM-285 form is required for service on this Defendant. The U.S. Marshal will not attempt service on Defendant unless and until the required form is received. Plaintiff must therefore complete and return a service form for Defendant Edwards, and failure to do so may result in the dismissal of the unserved Defendant. Signed by the Honorable Robert M. Dow, Jr on 10/19/2017. Mailed notice (jk, )
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| ALIAS Summons Issued, copy of the complaint and certified copy of order dated 10/19/2017 to the U.S. Marshal's Office for service as to defendant Assistant Warden Edwards via email. (jk, ) |
| MAILED copy of order dated 10/19/2017 #14 , a blank USM-285 form to David Darnell Holly. (jk, ) |
| Filing 13 SUMMONS Returned Unexecuted by U.S. Marshals Service as to Assistant Warden Edwards. (lf, ) |
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Filing 11
ORDER: In accordance with the Court's August 28, 2017, order, the Clerk is directed to issue summonses for service on Defendants Warden Hardy and Assistant Warden Edwards. Signed by the Honorable Robert M. Dow, Jr on 9/1/2017. Mailed notice (tt, )
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| SUMMONS Issued, copy of the complaint and certified copy of order dated 8/28/17 #9 and order dated 9/1/17 #11 to the U.S. Marshal's Office for service as to defendant Assistant Warden Edwards, Marcus Hardy via email. (tt, ) |
| MAILED a copy of the order dated 8/28/2017 to the Supervisor of the Inmate Trust Fund Accounts at the Livingston County Jail. Mailed Plaintiff two blank USM-285 service forms, a magistrate judge consent form, filing instructions, and a copy of the order dated 8/28/2017 (cc, ) |
| Filing 10 RECEIVED Complaint filed by David Darnell Holly; (cc, ) (Docket Text Modified by Clerk's Office on 9/25/2017). |
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Filing 9
ORDER: Plaintiff's renewed application for leave to proceed in forma pauperis #7 is granted. The Court orders the trust fund officer at Plaintiff's place of incarceration to deduct $34.67 from Plaintiff's account for payment to the Clerk of Court as an initial partial payment of the filing fee, and to continue making monthly deductions in accordance with this order. The Clerk of Court is directed to send a copy of this order to the Supervisor of the Inmate Trust Fund Accounts at the Livingston County Jail. The Court dismisses former IDOC Director Godinez as a Defendant on initial review pursuant to 28 U.S.C. 1915A. The Court further directs the Clerk of Court to: (1) file Plaintiff's amended complaint #6 ; (2) update the docket to reflect that the Defendants in this matter are Warden Hardy, Assistant Warden Edwards, and unknown officers; (3) send Plaintiff two blank USM-285 service forms, a magistrate judge consent form, filing instructions, and a copy of this order. The Court advises Plaintiff that a completed USM-285 form is required for service on each Defendant. The U.S. Marshal will not attempt service on Defendants unless and until the required forms are received. The U.S. Marshal is appointed to serve Defendants. Plaintiff's renewed motion for attorney representation #8 is denied without prejudice to renewal later in this case. Signed by the Honorable Robert M. Dow, Jr on 8/28/2017. Mailed notice(cc, )
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| Filing 8 MOTION by Plaintiff David Darnell Holly for attorney representation (Exhibits) (Envelope postmarked 8/7/2017) (cc, ) |
| Filing 7 APPLICATION by Plaintiff David Darnell Holly for leave to proceed in forma pauperis (Exhibits)(Envelope postmarked - 8/8/17) (cc, ) (Additional attachment(s) added on 8/14/2017: #1 attachment) (cc, ). |
| Filing 6 RECEIVED Amended Complaint and by David Darnell Holly (Envelope postmarked 8/8/17) (cc, ) |
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Filing 5
ORDER: Plaintiff's application for leave to proceed in forma pauperis #3 is denied without prejudice. Plaintiff is ordered to submit a properly completed in forma pauperis application with the supporting documentation required by 28 U.S.C. 1915(a)(2) or pay the full $400 filing fee. If Plaintiff wishes to proceed with this lawsuit, he also must submit an amended complaint, as the complaint #1 on file does not state a cognizable federal claim. The Clerk is directed to send Plaintiff a blank in forma pauperis application, an amended complaint form, and instructions along with a copy of this order. The Clerk also is directed to update Plaintiff's address to reflect that his inmate number is the one provided in the caption of this order; the inmate number previously provided by Plaintiff was his Illinois Department of Corrections inmate number. Plaintiff's failure to fully comply with this order by August 11, 2017 will result in summary dismissal of this case. Plaintiff's motion for attorney representation #4 is denied without prejudice to renewal should Plaintiff submit an amended complaint that complies with this order. Signed by the Honorable Robert M. Dow, Jr on 7/7/2017. Mailed notice. (bg, )
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| MAILED a copy of order dated 07/07/2017 #5 , a blank in forma pauperis application, an amended complaint form, and instructions to Plaintiff David Darnell Holly. (bg, ) |
| Filing 4 MOTION by Plaintiff David Darnell Holly for attorney representation (Envelope postmark 6/19/2017) (bg, ) |
| Filing 3 APPLICATION by Plaintiff David Darnell Holly for leave to proceed in forma pauperis (Envelope postmark 06/19/2017) (bg, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (ags, ) |
| Filing 1 RECEIVED Complaint and 0 copies by David Darnell Holly (Attachments: #1 Envelope postmarked 6/12/2017)(ags, ) |
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