Brisco v. Spiller et al
| Steshawn Brisco |
| William A. Spiller, John R. Baldwin, C/O Hunter, C/O Morris, Jacqueline A. Lashbrook, Debbie Knaver, C/O Becker, Kent E. Brookman and C/O Chitty |
| 3:2018cv02033 |
| October 30, 2018 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Initial Prisoner Filing Fee: $ 12.24 received, receipt number 44625010481 (kdb) |
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 $12.24. 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 Menard Correctional Center upon entry of this Order. Signed by Judge Nancy J. Rosenstengel on 11/14/2018. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
ORDER Re: Plaintiff's request for a preliminary injunction: This pro se civil rights action was filed on October 30, 2018. (Doc. #1 ). The Court notes that the Complaint includes a request for a preliminary injunction. For the reasons set forth herein, the Court finds that the requested relief is not justified. According to the Complaint, after a disciplinary hearing on February 6, 2018, Plaintiff was punished with six months in segregation. Plaintiff asserts that his due process rights were violated during the subject hearing. He also claims that, while confined in disciplinary segregation, he was subjected to unconstitutional conditions of confinement for four days, and officials were deliberately indifferent to his serious medical needs in relation to his attempted suicide. In his request for relief, Plaintiff seeks a preliminary injunction ordering the defendants to expunge his disciplinary ticket and to comply with administrative rules pertaining to disciplinary hearings. Plaintiff does not assert, much less establish, that he is in actual and imminent danger of being harmed if an injunction does not issue; Plaintiff has already been released from segregation and there is no indication that he will suffer irreparable harm absent the requested preliminary relief. Accordingly, Plaintiff fails to make a clear showing that he is entitled to a preliminary injunction. See Grace Sch. v. Burwell, 801 F.3d 788 (7th Cir. 2015) (To obtain a preliminary injunction, the moving party must establish, among other things, that he is likely to suffer irreparable harm in the absence of preliminary relief). For these reasons, the request for preliminary relief is DENIED. Signed by Judge Nancy J. Rosenstengel on 10/31/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 18-2033-NJR. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Nancy J. Rosenstengel on 10/30/2018. (jaj)
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| Filing 4 MOTION for Recruitment of Counsel by Steshawn Brisco. (jaj) |
| Filing 3 MOTION to Appoint Counsel by Steshawn Brisco. (Attachments: #1 exhibit)(jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Steshawn Brisco. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Steshawn Brisco. (Attachments: #1 Hand written complaint, #2 Exhibits part 1, #3 Exhibits part 2)(jaj) |
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