Pierce v. Hertz et al
| Christopher Pierce |
| Robert Hertz, Gary Bost, Captain Bunt, Sgt Dover, John Lakin, Don McNaughton, Robert Blankenship and Nurse Marty |
| 3:2015cv00370 |
| April 3, 2015 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Madison |
| Michael J Reagan |
| Stephen C Williams |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 25, 2016. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 43 Mail, Docs #41 and #42, Returned as Undeliverable. Mail originally sent to Christopher Pierce (cjo) |
| Filing 42 CLERK'S JUDGMENT. Judgment is entered against Plaintiff, ChristopherPierce, and in favor of Defendants, Robert Blankenship, Gary Bost, Sergeant Dover, Robert Hertz, John Lakin, and Don McNaughton.. Approved by Chief Judge Michael J. Reagan on 05/17/16. (dkd) |
Filing 41
ORDER Dismissing case with prejudice for want of prosecution. Signed by Chief Judge Michael J. Reagan on 05/14/16. (dkd)
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| Filing 40 Mail Returned (doc 38) as Undeliverable. Mail originally sent to Christopher Pierce (cds) |
| Filing 39 MOTION to Dismiss for Lack of Prosecution and Memorandum of Law in Support by Robert Blankenship, Gary Bost, Sgt Dover, Robert Hertz, John Lakin, Don McNaughton. Responses due by 5/31/2016 (Eckert, Heidi) |
| Filing 38 NOTICE OF IMPENDING DISMISSAL for failure to update address or prosecute the case against defendants. Action by plaintiff due by 5/10/2016. (anj) |
| Filing 37 Mail Returned as Undeliverable. Document 36 sent to Christopher Pierce (jwf) |
| Filing 36 TRIAL PRACTICE SCHEDULE: Discovery due by 5/1/2017. Dispositive Motions due by 6/1/2017. Dispositive Motions re Exhaustion of Administrative Remedies due by 6/6/2016.. Signed by Magistrate Judge Stephen C. Williams on 4/5/16. (amv) |
| Filing 35 Mail Returned as Undeliverable (Doc 33) Mail sent to Christopher Pierce (msd) |
| Filing 34 Mail Returned as Undeliverable. Document 28 & 30 sent to Christopher Pierce (jwf) |
| Filing 33 NOTICE of Hearing: Final Pretrial Conference set for 12/13/2017 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Stephen C. Williams. Jury Trial set for 1/29/2018 at 9:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 32
ORDER granting #31 Motion to Compel. Plaintiff is DIRECTED to respond to the Defendants' discovery requests by March 28, 2016. Signed by Magistrate Judge Stephen C. Williams on 3/10/2016. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 MOTION to Compel by Robert Blankenship, Gary Bost, Sgt Dover, Robert Hertz, John Lakin, Don McNaughton. (Attachments: #1 Exhibit A, #2 Exhibit B)(Eckert, Heidi) |
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Filing 30
ORDER: The Court partially GRANTS and partially DENIES Defendants' summary judgment motion (Doc. #25 ). The motion is DENIED as to Count 4, to the extent that Plaintiff alleges he was denied access to clean drinking water on September 17-18, 2014 and December 27-28, 2014. That claim proceeds. The motion is GRANTED as to Counts 1 through 4 on the allegations that Plaintiff was denied access to clean water on August 16, 2014, September 4, 2014, September 6, 2014, and October 25, 2014. Judgment will be entered in favor of Defendants and against Plaintiff as to those claims at the close of the case. Signed by Chief Judge Michael J. Reagan on 03/09/16. (dkd)
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Filing 29
ORDER striking #27 Motion to Dismiss for Lack of Prosecution. Contrary to Defendants' contentions, Plaintiff has filed documents and participated in the case since the filing of his complaint. He has sought leave to amend his complaint and responded to Defendants' motion to dismiss/motion for summary judgment. To the extent Defendants seek to dismiss Plaintiff's claims for failure to respond to discovery, the Court notes that no discovery issues have been brought before the Court. Because Plaintiff is confined, Defendant must file a motion to compel seeking compliance with discovery requests before filing a motion to dismiss. Signed by Magistrate Judge Stephen C. Williams on 3/3/2016. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 28
ORDER denying 22 Motion to Amend/Correct. Signed by Magistrate Judge Stephen C. Williams on 3/3/2016. (anj)
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| Filing 27 STRICKEN AT ORDER AT DOC. 29 - MOTION to Dismiss for Lack of Prosecution and Memorandum of Law in Support by Robert Blankenship, Gary Bost, Sgt Dover, Robert Hertz, John Lakin, Don McNaughton. Responses due by 3/7/2016 (Attachments: #1 Exhibit A, #2 Exhibit B)(Eckert, Heidi) Modified on 3/4/2016 (slh). |
| Filing 26 RESPONSE to #25 Motion to Dismiss for Failure to State a Claim, filed by Christopher Pierce. (Attachments: #1 Exhibit, #2 Envelope)(cds) |
| Filing 25 MOTION to Dismiss for Failure to State a Claim ,or, in the Alternative Motion for Summary Judgment by Robert Blankenship, Gary Bost, Sgt Dover, Robert Hertz, John Lakin, Don McNaughton. Responses due by 8/3/2015 (Attachments: #1 Affidavit Gary Bost - Exhibit A)(Eckert, Heidi) |
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Filing 24
ORDER finding as moot #23 Motion for service of process. Waivers of service have already been returned executed. Signed by Magistrate Judge Stephen C. Williams on 5/28/2015. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 MOTION for Service of Process at Government's Expense filed by Christopher Pierce. (Attachments: #1 Envelope)(cjo) |
| Filing 22 MOTION to Amend #1 Complaint filed by Christopher Pierce. Amended Complaint and Attached Amended Complaint received in the clerk's office. (cjo) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Robert Blankenship. Robert Blankenship waiver sent on 5/1/2015, answer due 6/30/2015. (Eckert, Heidi) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Don McNaughton. Don McNaughton waiver sent on 5/1/2015, answer due 6/30/2015. (Eckert, Heidi) |
| Filing 19 WAIVER OF SERVICE Returned Executed by John Lakin. John Lakin waiver sent on 5/1/2015, answer due 6/30/2015. (Eckert, Heidi) |
| Filing 18 WAIVER OF SERVICE Returned Executed by Sgt Dover. Sgt Dover waiver sent on 5/1/2015, answer due 6/30/2015. (Eckert, Heidi) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Gary Bost. Gary Bost waiver sent on 5/1/2015, answer due 6/30/2015. (Eckert, Heidi) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Robert Hertz. Robert Hertz waiver sent on 5/1/2015, answer due 6/30/2015. (Eckert, Heidi) |
| Filing 15 NOTICE of Appearance by Heidi L. Eckert on behalf of All Defendants (Eckert, Heidi) |
| Filing 14 REQUEST FOR WAIVER of Service sent to Hertz on 5/1/2015. Waiver of Service due by 6/1/2015. (tjk) |
| Filing 13 REQUEST FOR WAIVER of Service sent to Bost on 5/1/2015. Waiver of Service due by 6/1/2015. (tjk) |
| Filing 12 REQUEST FOR WAIVER of Service sent to Dover on 5/1/2015. Waiver of Service due by 6/1/2015. (tjk) |
| Filing 11 REQUEST FOR WAIVER of Service sent to Lakin on 5/1/2015. Waiver of Service due by 6/1/2015. (tjk) |
| Filing 10 REQUEST FOR WAIVER of Service sent to McNaughton on 5/1/2015. Waiver of Service due by 6/1/2015. (tjk) |
| Filing 9 REQUEST FOR WAIVER of Service sent to Blankenship on 5/1/2015. Waiver of Service due by 6/1/2015. (tjk) |
| Initial Prisoner Filing Fee: $8.00 received, receipt number 34625056587 (rah) |
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. Signed by Chief Judge Michael J. Reagan on 4/30/2015. (tjk)
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $8.00. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, P.O. Box 249, East St. Louis, Illinois 62202. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Madison County Jail upon entry of this Order. Signed by Chief Judge Michael J. Reagan on 4/10/2015. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (anm) |
| Filing 5 Letter from USDC/SDIL to Plaintiff informing him of case number. (Attachments: #1 Consent to Magistrate Judge) (jaj) |
| Filing 4 MOTION/Request Notification for Copies by Christopher Pierce. (jaj) |
| Filing 3 MOTION for Service of Process at Government Expense by Christopher Pierce. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Christopher Pierce. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Christopher Pierce. (Attachments: #1 Envelope)(jaj) |
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