McKenzie v. Erksine et al
| Davon McKenzie |
| T.K. Ramierez, R. Erksine, Dr. Levy, Lt. Marlin, Dr. Paul Harvey, E. Bamble, Mr. Grecco, T. White, L. Stularzk, Dr. Morea, Kaitlyn Phillips, Anne Heim, Captain Cantrell, J.E. Krueger, Ms. Lacey, Mr. Hansen, L. Wood, D. Sweeney, David Hudson, K. Maybury, B. Walden, C.M. Willoughby, Officer Coffey, Dr. H. Song, J. Moesch, B. Youikooke, S. Martinez, Mr. Hinkle, Ms. Boheimer and B. Lodge |
| 3:2021cv50048 |
| February 1, 2021 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 9, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 40 ENTERED JUDGMENT, Civil case terminated. Mailed notice(yxp, ) |
Filing 39
ORDER Plaintiff's second amended complaint #37 is dismissed for failure to state a claim. This matter is closed and any pending motions are denied as moot. The dismissal of this case counts as a dismissal under 28 U.S.C. 1915(g), 1915A. See the attached order for details. Signed by the Honorable Iain D. Johnston on 8/9/2022: Mailed notice (yxp, )
|
| Filing 37 AMENDED complaint by Davon McKenzie against Coffey, R. Erksine, K. Maybury, B. Walden (Attachments: #1 Envelope)(pg, ) |
|
Filing 36
ORDER; Plaintiff's [third] motion for an extension of time #35 is denied as moot as time has already been extended. Signed by the Honorable Iain D. Johnston on 8/2/2022: Mailed notice (yxp, )
|
| Filing 35 Letter MOTION by Plaintiff Davon McKenzie for extension of time and for copies. (yxp, ) |
|
Filing 34
ORDER, Plaintiff's [second] motion for an extension of time #33 is denied as moot as time has already been extended. The Clerk is directed to mail Plaintiff a copy of this Order and 3 USM-285 forms. Signed by the Honorable Iain D. Johnston on 7/28/2022: Mailed notice (yxp, )
|
| Filing 33 MOTION by Plaintiff Davon McKenzie for extension of time (yxp, ) |
|
Filing 32
ORDER; Plaintiff's motion for an extension of time #31 is granted. If Plaintiff wants to proceed with this lawsuit, he must submit a second amended complaint by September 2, 2022. Failure to submit a second amended complaint by this date will result in summary dismissal of this lawsuit. Signed by the Honorable Iain D. Johnston on 7/26/2022: Mailed notice (yxp, )
|
| Filing 31 MOTION by Plaintiff Davon McKenzie for extension of time to file documents (Attachments: #1 Envelope)(pg, ) |
|
Filing 30
ORDER; The stay is lifted. Plaintiff's amended complaint #22 is dismissed without prejudice for failure to state a claim. If Plaintiff wants to proceed with this lawsuit, he must submit a second amended complaint that complies with this order. Failure to submit a second amended complaint by August 1, 2022, will result in summary dismissal of this lawsuit. The Clerk of Court is directed to send Plaintiff an amended complaint form, a blank USM-285 form, and instructions along with a copy of this order. Signed by the Honorable Iain D. Johnston on 6/30/2022: Mailed notice (yxp, )
|
| MAILED Copy of order #30, Amended Complaint form, USM-285 form to Davon McKenzie (yxp, ) |
| Filing 29 NOTICE by Davon McKenzie of Change of Address (Attachments: #1 Envelope)(pg, ) |
|
Filing 28
ORDER; Signed by the Honorable Iain D. Johnston on 4/18/2022: Plaintiff's motion for inunction #26 is denied. The matter remains stayed. See the attached Order for details. Mailed notice (yxp, )
|
| Filing 27 LETTER from Davon McKenzie regarding incident. With Attachments. (Attachments: #1 Envelope)(pg, ) |
| Filing 26 MOTION by Plaintiff Davon McKenzie for injunction (Attachments: #1 Envelope)(pg, ) |
|
Filing 25
ORDER and Statement: Plaintiff has submitted an amended complaint; however, the Court defers initial consideration of the pleading. Given the nature of Plaintiff's allegations, this case is stayed pending the determination in Van Sach v. Dep't of Justice, No. 3:20-cv-50180 (N.D. Ill) (Johnston, J.) and Redmon-EL v. Sullivan, No. 3:20-cv-50128 (N.D. Ill.) (Reinhard, J.), on whether Bivens provides a remedy for Plaintiff's claims. Even though this case is stayed, Plaintiff still must promptly submit a change-of-address notification if he is released or transferred to another facility. If he does not keep the Clerk apprised of his correct address, this case may be dismissed. Signed by the Honorable Iain D. Johnston on 5/27/2021. Mailed notice (jp, )
|
| Filing 23 Detailed Description of Events by Davon McKenzie. (jp, ) |
| Filing 22 AMENDED complaint by Davon McKenzie against Coffey, R. Erksine, K. Maybury, B. Walden (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Envelope, #6 Exhibit B, #7 Exhibit D, #8 Envelope) (jp, ) |
| Filing 21 LETTER from Rosanna Harris dated 4/22/2021. (Attachments: #1 Envelope)(jp, ) |
| Filing 20 MINUTE entry before the Honorable Lisa A. Jensen: Plaintiff has submitted a letter #18 indicating the USM-285 form recently sent to him was confiscated by prison staff when he asked staff to provide him additional copies. The Clerk is directed to mail five USM-285 forms to Plaintiff. Plaintiff's amended complaint remains due by 5/24/2021. A family member also submitted a letter on Plaintiff's behalf #19 . Letters on behalf of Plaintiff are not proper pleadings and should not be submitted to the court. See Fed. R. Civ. P. 7. The Clerk is directed to strike the letter #19 from the docket. Mailed notice. (vk) |
| Filing 19 DOCUMENT REMOVED as per Court Order on 4/28/2021. (Attachment 1 replaced on 4/28/2021) (vk). |
| MAILED copy of order dated 4/28/2021 and 5 copies of form USM-285 to Davon McKenzie. (vk) |
| Filing 18 LETTER from Davon McKenzie dated 4/20/2021. (Attachments: #1 Envelope) (jp, ) |
|
Filing 17
ORDER with Statement; Plaintiff's renewed application for leave to proceed in forma pauperis #16 is granted. The initial partial filing fee is waived. The Court orders the trust fund officer at Plaintiff's place of incarceration to make monthly deductions in accordance with this order. The Clerk of Court is directed to send a copy of this order to the trust fund account officer at the facility currently having custody of Plaintiff (electronically if possible) and the Court's Fiscal Department. Summonses, however, shall not issue at this time as the Court dismisses Plaintiff's complaint #1 without prejudice. By May 24, 2021, Plaintiff shall submit an amended complaint raising one claim or a properly joined set of related claims plus a completed USM-285 (Marshals service) form for each Defendant named by name in the amended complaint, or the Court will summarily dismiss the case. Plaintiff must promptly submit a change of-address notification if he is released or transferred. If he does not, this case will be subject to dismissal without further warning. The Clerk is directed to send Plaintiff an amended civil rights complaint form and instructions, a blank USM-285 form, and a copy of this order. See the attached order for full details. Signed by the Honorable Iain D. Johnston on 4/7/2021:Mailed notice(yxp, )
|
| MAILED copy of order dated 4/7/2021 to the Trust Fund Officer at USP Lee. (jp, ) |
| MAILED Copy of order #17 to Fiscal Dept. via email. (yxp, ) |
| MAILED copy of order dated 4/7/2021, an amended civil rights complaint form and instructions, a blank USM-285 form to Davon McKenzie. (jp, ) |
| Filing 16 APPLICATION by Plaintiff Davon McKenzie for leave to proceed in forma pauperis (Attachments: #1 Envelope)(pg, ) |
| Filing 15 LETTER from Davon McKenzie dated 3/29/21 regarding IFP form. (Attachments: #1 Envelope)(pg, ) |
| Filing 14 NOTICE by Davon McKenzie of Change of Address (Attachments: #1 Envelope) (jp, ) |
| Filing 13 Closure Summary And Various Exhibits Related To The Complaint by Davon McKenzie (Attachments: #1 Envelope)(pg, ) |
|
Filing 12
ORDER with Statement; Plaintiff's second application for leave to proceed in forma pauperis #11 is denied without prejudice. If Plaintiff wants to proceed with this lawsuit, he must either (1) submit a renewed application that is certified by an appropriate official and accompanied by a copy of Plaintiff's trust fund statement showing all transactions in his account for the six-month period immediately preceding his initiation of this action; or (2) pay the full statutory filing fee of $402.00. Failure to comply with this order by May 3, 2021, will result in summary dismissal of this case. Plaintiff's motion for extension of time to submit his complete application for leave to proceed in forma pauperis #10 is granted as reflected in this new due date. The Clerk is directed to change Plaintiff's place of incarceration to USP Lee, in Pennington Gap Virginia. Plaintiff must promptly submit a change-of-address notification if he is transferred to another facility or released. Failure to keep the Court informed of his address may lead to dismissal of this action for failure tocomply with a Court order and for want of prosecution. The Clerk of Court is directed to send Plaintiff a blank application to proceed in forma pauperis and a copy of this order at USP Lee Federal Correctional Center. See the attached order for details. Signed by the Honorable Iain D. Johnston on 3/26/2021:Mailed notice(yxp, )
|
| MAILED Copy of order #12 and IFP form to Davon McKenzie at USP Lee Penitentiary via USPS (yxp, ) |
| Filing 11 APPLICATION by Plaintiff Davon McKenzie for leave to proceed in forma pauperis (Attachments: #1 Envelope) (jp, ) |
| Filing 10 MOTION by Plaintiff Davon McKenzie for extension of time and change of address (Attachments: #1 Envelope) (jp, ) |
| MAILED Copy of order #9 and IFP form to Davon McKenzie via USPS (yxp, ) |
|
Filing 9
ORDER with Statement; Plaintiff's application for leave to proceed in forma pauperis #8 is denied without prejudice. If Plaintiff wants to proceed with this lawsuit, he must either (1) submit a renewed application that is certified by an appropriate official and accompanied by a copy of Plaintiff's trust fund statement showing all transactions in his account for the six-month period immediately preceding his initiation of this action; or (2) pay the full statutory filing fee of $402.00. Failure to comply with this order by April 19, 2021, will result in summary dismissal of this case. Plaintiff also must promptly submit a change-of-address notification if he is transferred to another facility or released. Failure to keep the Court informed of his address may lead to dismissal of this action for failure to comply with a Court order and for want of prosecution. The Clerk of Court is directed to send Plaintiff a blank application to proceed in forma pauperis and a copy of this order. See the attached order for details. Signed by the Honorable Iain D. Johnston on 3/16/2021: Mailed notice (yxp, )
|
| Filing 8 APPLICATION by Plaintiff Davon McKenzie for leave to proceed in forma pauperis. (jp, ) |
| Filing 7 LETTER from Davon McKenzie dated 3/10/2021. (Attachments: #1 Affidavit, #2 Affidavit of Andrew Rollins, #3 Envelope) (jp, ) |
|
Filing 6
ORDER with Statement; Plaintiff has submitted a complaint #1 but did not prepay the filing fee or file an application for leave to proceed in forma pauperis. By March 24, 2021, Plaintiff must either: (1) submit a completed application for leave to proceed in forma pauperis that includes the documentation and certification described below; or (2) pay the full statutory filing fee of $402.00. If he does not comply, the Court will summarily dismiss this case. The Clerk is directed to send Plaintiff a blank application to proceed in forma pauperis, along with a copy of this order. See attached order for details. Signed by the Honorable Iain D. Johnston on 2/3/2021: Mailed notice(yxp, )
|
| MAILED copy of order dated 2/3/2021 and a blank application for in forma pauperis to Davon McKenzie. (jp, ) |
| Filing 5 LETTER from Davon McKenzie dated 1/25/2021. (jp, ) |
| Filing 4 SUMMONS LETTER from Davon McKenzie. (jp, ) |
| Filing 3 DECLARATION of Davon McKenzie. (jp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jp, ) |
| Filing 1 RECEIVED COMPLAINT by Davon McKenzie; Jury Demand. (Attachments: #1 Exhibit, #2 Envelope) (jp, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
