In re: Warden Justin Wilks
| Warden Justin Wilks |
| 1:2021cv04918 |
| September 16, 2021 |
| US District Court for the Northern District of Illinois |
| Executive Committee |
| Other Statutory Actions |
| None |
Docket Report
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| MAILED to Warden Justin Wilks, Assistant Warden of Operation at Illinois Department of Corrections a copy of order #1 via certified mail with signature required. Tracking# 1Z6E25202997956975. (lw, ) |
| MAILED to Warden Justin Wilks, Assistant Warden of Operation at Illinois Department of Corrections a copy of order #1 . (lw, ) |
| Filing 1 EXECUTIVE COMMITTEE ORDER: On January 25, 2019, the U.S. Court of Appeals for the Seventh Circuit entered a Mack order against pro se litigant Marshaun Boykin, who has filed 41 cases in this district and owes unpaid filing fees of $18,906.71. In re Marshaun Boykin, 19 C 0217 (N.D. Ill.). On July 15, 2019, the Northern District's Executive Committee likewise entered an order restricting the filings of Mr. Boykin. In an Amended Order dated October 6, 2020, the Court of Appeals clarified that its Mack order does not apply to any suit that Mr. Boykin should file involving imminent danger of serious physical injury, and where he requests judicial aid in bringing that danger to an end. On October 21, 2020, Mr. Boykin submitted two new lawsuits, specifically asserting that he faces imminent danger of serious physical injury. On October 26, 2020, the Executive Committee issued an order requesting that the Illinois Department of Corrections (IDOC) submit copies of any medical records or grievances related to the June and August incidents referenced in Mr. Boykin's submissions. The IDOC responded, and Plaintiff submitted the IDOC response as an exhibit on December 4, 2020. In addition, on January 29, 2021, Mr. Boykin submitted a complaint regarding his allegations that he is in imminent danger due to assaults by other inmates. At its meeting on February 4, 2021 the Executive Committee considered Mr. Boykin's litigation history, the proposed complaints submitted by him on October 21, 2020, the medical records and materials provided by the IDOC on December 4, 2020, Mr. Boykin's December 4, 2020 Status Update, his December 10, 2020 Emergency Notice and his January 28, 2021 Notice to the Executive Committee. Based on this review, on February 26, 2021, the Executive Committee found that Mr. Boykin was not in imminent danger as to each claim and denied him leave to file his two complaints. Mr. Boykin then sought leave to appeal the Executive Committee order of February 26, 2021, asserting that he faces imminent danger of serious injury. Mr. Boykin asserts that he has been denied his psychotropic medications resulting in additional instances of self-harm. He also asserts that correctional staff harasses him and that he is danger of physical assault by other inmates. This includes an attack by another inmate on February 25, 2021. In order to determine whether Mr. Boykin could rely on the imminent danger exception to file his appeal, the Executive Committee, on May 25, 2021, ordered the warden at Mr. Boykin's place of confinement to provide the Executive Committee with any medical records, grievances, incident reports, and any other documentation the warden deems pertinent since the last set of materials was provided to the Committee relating to (1) Mr. Boykin's prescriptions for psychotropic medications and his alleged medical crises resulting in self-harm; and (2) and the purported attack of Mr. Boykin on February 25, 2021. The warden submitted a response consisting of a copy of the Committee Order and three pages of disciplinary information related to the February 25, 2021 physical assault. The warden did not submit any materials related to Mr. Boykin's prescriptions2 for psychotropic medications or his alleged medical crises resulting in self-harm. Nor did the warden say that there were no materials related to the psychotropic medications. Further, the Adjustment Committee Final Summary Report for the February 25, 2021 physical assault, states that Mr. Boykin stated that "he has been getting angrier and more violent since his meds got stopped." Thus, it appeared relevant documentation related to Mr. Boykin's receipt of psychotropic medications may exist. In addition, the Executive Committee notes that Mr. Boykin submitted materials with his Notice of Appeal (Case No. 19 C 0217, Dkt. 32) that the warden failed to include in his limited response. This includes grievances filed by Mr. Boykin related to the February 25, 2021 physical assault (Id., pgs. 20-23) and the two-page Offender Disciplinary Report of the February 25, 2021 physical assault (Id., pgs. 61-62). In light of apparent incomplete response by the warden, on July 27, 2021, the Executive Committee ordered the warden at Mr. Boykin's place of confinement to supplement the materials provided with any medical records, grievances, incident reports, and any other documentation the warden deems pertinent since the last set of materials was provided to the Executive Committee relating to Mr. Boykin's prescriptions for psychotropic medications and his alleged medical crises resulting in self-harm. The supplemental materials were ordered to be provided by August 3, 2021. No supplemental materials or response was received. IT IS HEREBY ORDERED BY THE EXECUTIVE COMMITTEE that Warden Justin Wilks, within fourteen days of this Order, show cause why sanctions should not be imposed for: (1) the incomplete response to the Executive Committee's May 25, 2021 Order and (2) the failure to respond to the Executive Committee's July 27, 2021 Order in Case No. 19 C 0217. The Executive Committee directs the Clerk to mail this Order to Warden Justin Wilks at the Dixon Correctional Center. IT IS FURTHER ORDERED that the Clerk shall cause to be created and maintained a miscellaneous file with the title "In the matter of Warden Justin Wilks" and case number 21 CV 4918. The miscellaneous file shall serve as the repository of this order and any order or minute order entered pursuant to this order. The Clerk will also maintain a miscellaneous docket associated with the file. All orders retained in the file will be entered on that docket following standard docketing procedures. A brief entry will be made on the docket indicating the receipt of any materials from Warden Justin Wilks. IT IS FURTHER ORDERED THAT the Clerk shall cause a copy of this order to be mailed to Warden Justin Wilks, Assistant Warden of Operation at Illinois Department of Corrections, Dixon Correction Center, 2600 N. Brinton Ave., Dixon, IL 61021. Such mailing shall be by certified or registered mail, return receipt requested. Signed by the Executive Committee on 9/16/2021. Mailed notice. (lw, ) |
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