Talley v. Jennings et al
| Durwyn Talley |
| Joseph Jennings, Melvin Hinton, C/O Berry, Lt. of I.A. at Pontiac C.C., Michele Howell, Samantha Kray, Katherine E Paul, Warden Nurse, Mershon, Cheryl Hansen, Dr. Sy, C/O Skerzipinski, Lt. McBride, Latoya Hughes, Nurse Daniels, Nurse Smooth, Nurse Butler, Tarry Williams, Tack, Dr. Chess, Ms. Carpenter, Jennifer Parrack and Justine Hammers |
| 3:2023cv50376 |
| October 17, 2023 |
| US District Court for the Northern District of Illinois |
| Philip G Reinhard |
| Margaret J Schneider |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 OBJECTION by Durwyn Talley to order, #8 (pg, ) |
Filing 8
ORDER: Plaintiff's application for leave to proceed in forma pauperis #3 is denied without prejudice. If plaintiff wants to proceed further with this lawsuit, he must: (1) submit a complete renewed application in accordance with this order; and (2) submit a statement to the court explaining why he believes the "imminent danger" exception applies in this case. Failure to fully comply with this order by January 16, 2024, 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. Plaintiff's motion for attorney representation #4 is denied without prejudice; this case is in its early stages, and plaintiff is competent to proceed without a lawyer for the purposes of addressing the threshold issues identified in this order. See Pickett v. Chicago Transit Auth., 930 F.3d 869, 871 (7th Cir. 2019) (motions for attorney representation are properly denied when it is too early in the case to determine whether the plaintiff can represent himself adequately). Plaintiff's "motion for temporary restraining order and preliminary injunction" #5 and his "motion to dismiss Nurse Smooth" #7 are denied without prejudice as premature, as plaintiff has yet to resolve his fee status and the court has yet to perform its initial screening review of plaintiff's complaint. Plaintiff's motion to change venue and disqualify judge #6 , which the court construes as a motion for substitution of judge, is denied. The motion-which generally complains about docketing delays and the fact that the court has yet to issue "a merit review order"-does not identify a basis for the substitution of judge in this case. See 28 U.S.C. 144. [See STATEMENT] Signed by the Honorable Philip G. Reinhard on 12/11/2023. Mailed notice by Judicial Staff. (rsj)
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| MAILED copy of Order dated 12/11/2023 and blank in forma pauperis application and to Durwyn Tally. (rsj) |
| Filing 7 MOTION by Plaintiff Durwyn Talley to dismiss Nurse Smooth (pg, ) |
| Filing 6 MOTION by Plaintiff Durwyn Talley to change venue MOTION by Plaintiff Durwyn Talley to disqualify judge (pg, ) |
| Filing 5 MOTION by Plaintiff Durwyn Talley for Temporary Restraining Order and Preliminary Injunction. (jp, ) (Additional attachment(s) added on 10/31/2023: #1 Exhibit) (jp, ). |
| Filing 4 MOTION by Plaintiff Durwyn Talley for attorney representation (Attachments: #1 Envelope) (jp, ) |
| CASE ASSIGNED to the Honorable Philip G. Reinhard and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. (jp, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jp, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Durwyn Talley. (jp, ) |
| Filing 3 APPLICATION by Plaintiff Durwyn Talley for leave to proceed in forma pauperis. (jp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jp, ) |
| Filing 1 RECEIVED COMPLAINT by Durwyn Talley; Jury Demand. (Attachments: #1 Exhibit, #2 Envelope) (jp, ) |
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