Terry v. Illinois Department of Corr. (IDOC) et al
| Corky Terry |
| S. Simpson, Vandalia Correctional Center, Adjustment Committee (Adj. Comm.) of VCC, Jacqueline A. Lashbrook, Program Unit (P.U) of MCC, Pontiac Correctional Center, John R Baldwin, Lawrence Correctional Center, John Doe, Chief Admin Offc (CAO) of VCC, Progam Unit (P.U) of LCC, Menard Correctional Center, Michael P. Melvin, Program Unit (P.U) of VCC, Program Unit (P.U) PCC, IDOC Administrative Review Board, Adjustment Committee (Adj. Comm.) of PCC, Illinois Department of Corr. (IDOC), Kevin W. Kink, Adjustment Committee (Adj. Comm.) of MCC, Adjustment Committee (Adj. Comm.) of LCC, Sherry Benton and Victor Dozier |
| 3:2018cv01711 |
| September 11, 2018 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 15 FIRST AMENDED COMPLAINT against Adjustment Committee (Adj. Comm.) of LCC, Adjustment Committee (Adj. Comm.) of MCC, Adjustment Committee (Adj. Comm.) of PCC, Adjustment Committee (Adj. Comm.) of VCC, John R Baldwin, Sherry Benton, Victor Dozier, IDOC Administrative Review Board, Illinois Department of Corr. (IDOC), Kevin W. Kink, Jacqueline A. Lashbrook, Lawrence Correctional Center, Michael P. Melvin, Menard Correctional Center, Pontiac Correctional Center, Progam Unit (P.U) of LCC, Program Unit (P.U) PCC, Program Unit (P.U) of MCC, Program Unit (P.U) of VCC, S. Simpson, Vandalia Correctional Center, filed by Corky Terry. (Attachments: #1 Handwritten Complaint, #2 Exhibits)(jaj) |
Filing 14
ORDER, Denying #12 MOTION for Leave to File filed Amended Complaint (Motion): Plaintiff states that he would like to amend his complaint by supplementing it with additional allegations and parties. The Motion was not accompanied by a proposed amended complaint. Instead, Plaintiff submitted a 50-page memorandum in support of complaint and approximately 50 pages of additional exhibits. Plaintiff is attempting to add to his original complaint in a piecemeal fashion. This is often referred to as amendment by interlineation, and it is not permitted. See FED. R. CIV. P. 8(a). Instead, all claims against all defendants must be set forth in a single document. Accordingly, the Motion is DENIED. However, the Court will give Plaintiff an opportunity to submit a proper amended complaint. If Plaintiff wishes to amend the original complaint, he shall file his first amended complaint on or before November 15, 2018. It is strongly recommended that Plaintiff use the form designed for use in this District for civil rights actions. He should label the pleading First Amended Complaint and include Case Number 18-cv-1711-NJR. An amended complaint supersedes and replaces the original complaint, rendering the original complaint void. See Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). The Court will not accept piecemeal amendments to the original complaint. Thus, the First Amended Complaint must contain all the relevant allegations in support of Plaintiff's claims and must stand on its own, without reference to any other pleading. If the First Amended Complaint does not conform to these requirements, it shall be stricken. Plaintiff must also re-file any relevant exhibits he wishes the Court to consider along with the First Amended Complaint. Voluminous exhibits are discouraged at this early stage of the case and legal argument is not necessary. If Plaintiff does not submit an amended complaint within the above deadline, the Court shall proceed to review the original complaint pursuant to 28 U.S.C. Section 1915A. To assist Plaintiff in preparing his amended complaint, the Clerk is DIRECTED to mail Plaintiff a blank civil rights complaint form. ( Action due by 11/15/2018.). Signed by Judge Nancy J. Rosenstengel on 10/18/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
ORDER denying #11 Motion for Order to Show Cause for a Preliminary Injunction (Motion): In his original complaint, Plaintiff claims that he was unfairly disciplined by officials at four different facilities, that the Illinois Department of Corrections and the Administrative Review Board did not properly address his appeals, and that conditions in segregation units are unconstitutional. In his Motion, Plaintiff seeks a preliminary injunction to prevent officials from harassing and retaliating against him. He also requests additional law library access and production of various disciplinary reports and related material. The Court finds that Plaintiff has not met the requirements for issuance of a preliminary injunction. See Merritte v. Kessel, 561 F. Appx 546, 548 (7th Cir. 2014); Fed. R. Civ. P. 65(b). The Motion consists of generalized argument regarding the requested injunctive relief and does not clearly identify the immediate injury that is in issue. Thus, Plaintiff has not shown that he is likely to suffer irreparable injury unless the requested injunction issues. Accordingly, the Motion is DENIED. Signed by Judge Nancy J. Rosenstengel on 10/18/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 MOTION for Leave to File an Amended Complaint (Proposed Amended Complaint received with motion and under review) by Corky Terry. (tkm) |
| Filing 11 MOTION for Order to Show Cause for a Preliminary Injunction by Corky Terry. (Attachments: #1 Exhibits)(tkm) |
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Filing 10
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $2.61. 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, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Lawrence Correctional Center upon entry of this Order. Signed by Judge Nancy J. Rosenstengel on 9/26/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 MOTION for Leave to Commence Civil Action Without Being Requried to Pre Pay Fees and Costs or Give Security for the Same by Corky Terry. (jaj) |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 7 Letter from USDC/SDIL to Plaintiff informing him of transfer and new case number. (Attachments: #1 Consent to Magistrate Judge) (jaj) |
| Filing 6 Case transferred in from District of Illinois Northern; Case Number 1:18-cv-05992. Original file certified copy of transfer order and docket sheet received. |
| Filing 5 TRANSFERRED to the Southern District of Illinois (East St. Louis) the Electronic record. (gcy, ) [Transferred from Illinois Northern on 9/11/2018.] |
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Filing 4
ORDER: The Court transfers this case forthwith to the United States District Court for the Southern District of Illinois, East St. Louis Division for whatever action the transferee court deems appropriate. The Clerk shall not issue summonses unless the transferee court so directs. This case and all pending motions are terminated on this Courts docket. See order for details. Signed by the Honorable Thomas M. Durkin on 9/11/2018. Mailed Notice.(gcy, ) [Transferred from Illinois Northern on 9/11/2018.]
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| Filing 3 APPLICATION by Plaintiff Corky Terry for leave to proceed in forma pauperis and affidavit. (gcy, ) [Transferred from Illinois Northern on 9/11/2018.] |
| Filing 2 PRISONER CIVIL Cover Sheet. (gcy, ) [Transferred from Illinois Northern on 9/11/2018.] |
| Filing 1 RECEIVED Complaint and 0 copies by Corky Terry. (Exhibits). (gcy, ) [Transferred from Illinois Northern on 9/11/2018.] |
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