Preslar v. Baldwin et al
Plaintiff: Robert Preslar
Defendant: John Baldwin, Christopher Thompson, Christine Brown and Kim Richardson
Case Number: 3:2018cv02121
Filed: November 26, 2018
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 22, 2019 Opinion or Order Filing 26 ORDER denying 6 MOTION for Preliminary Injunction and #8 MOTION for Preliminary Injunction filed by Robert Preslar. Signed by Judge Nancy J. Rosenstengel on 1/22/2019.
January 22, 2019 Filing 25 Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Preliminary Injunction Hearing held on 1/22/2019. It is the finding of the Court that Plaintiff's motions (Docs. 6 and 8) are DENIED. The Clerk of the Court shall send a copy of a Motion for Appointment of Counsel to Plaintiff. (Court Reporter Molly Clayton.) (drb)
January 18, 2019 Filing 24 SUMMONS Returned Executed as to Brown and Thompson. (tjk)
January 15, 2019 Filing 23 RESPONSE in Opposition re 6 MOTION for Preliminary Injunction filed by Christine Brown, Christopher Thompson. (Attachments: #1 Exhibit A)(Buchanan, William)
January 15, 2019 Filing 22 NOTICE OF STATEMENT OF COMPLIANCE by Christine Brown, Christopher Thompson (Attachments: #1 Exhibit, #2 Exhibit)(Buchanan, William)
January 10, 2019 Opinion or Order Filing 21 ORDER granting #19 Motion for Extension of Time to Answer. Answer due February 1, 2019. Signed by Judge Nancy J. Rosenstengel on 1/10/2019. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 10, 2019 Filing 20 SUMMONS Returned Executed Kim Richardson served on 12/21/2018, answer due 1/11/2019. (tjk)
January 10, 2019 John Baldwin answer due 2/1/2019; Christine Brown answer due 2/1/2019; Christopher Thompson answer due 2/1/2019. (anp)
January 9, 2019 Filing 19 MOTION for Extension of Time to File Answer re #1 Complaint by John Baldwin, Christine Brown, Christopher Thompson. (Buchanan, William)
December 27, 2018 Filing 18 Initial Prisoner Filing Fee: $ 16.33 received, receipt number 34625089516 (cds)
December 27, 2018 Filing 17 NOTICE of Appearance by William D. Buchanan on behalf of John Baldwin (Buchanan, William)
December 21, 2018 Filing 16 NOTICE of Appearance by William D. Buchanan on behalf of Christine Brown, Christopher Thompson (Buchanan, William)
December 21, 2018 Filing 15 VIDEO WRIT ISSUED as to Robert Preslar #Y28487 to be held January 22, 2019 at 10:30 AM before Judge Nancy J. Rosenstengel. (drb)
December 21, 2018 Opinion or Order Filing 14 NOTICE AND ORDER: IDOC and the Warden of Pinckneyville Correctional Center shall arrange to have Robert Preslar #Y28487 present via video conference on January 22, 2019 at 10:30 AM before Judge Nancy J. Rosenstengel presiding in East St. Louis Courthouse. Signed by Judge Nancy J. Rosenstengel on 12/21/2018. (drb)
December 20, 2018 Opinion or Order Filing 13 ORDER denying #9 Motion for Miscellaneous Relief: Plaintiff asks the Court to order Defendants to produce photographs depicting the condition of his cell and the shower facilities, as well as photographs of his injured leg. The Motion is DENIED without prejudice. If, after the hearing, the Court determines that photographic evidence is necessary, it will order it at that time. Signed by Judge Nancy J. Rosenstengel on 12/20/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 20, 2018 Opinion or Order Filing 12 ORDER and NOTICE of HEARING Re: 6 and #8 MOTION for Preliminary Injunction. Motion Hearing set for January 22, 2019 at 10:30 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Plaintiff shall appear via video. In order to assist the Court in its resolution of the motion for preliminary injunctive relief, Defendants SHALL FILE A RESPONSE on or before January 15, 2019. Additionally, Defendants are directed to provide the Court with Plaintiff's medical records including any records related to outside treatment and referrals on or before January 15, 2019. Signed by Judge Nancy J. Rosenstengel on 12/20/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 20, 2018 Opinion or Order Filing 11 ORDER: Due to unforeseen circumstances with regard to effecting personal service on Defendant Kim Richardson, the Court hereby VACATES the directive to personally serve this individual. Summons may be served upon the Litigation Coordinator at the prison. Signed by Judge Nancy J. Rosenstengel on 12/20/2018. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 18, 2018 Filing 10 SUMMONS Returned Executed John Baldwin served on 12/13/2018, answer due 1/3/2019. (tjk)
December 11, 2018 Filing 9 MOTION Miscellaneous Request by Robert Preslar. (jaj)
December 11, 2018 Filing 8 MOTION for Preliminary Injunction by Robert Preslar. (jaj)
December 5, 2018 Filing 7 Summons Issued as to John Baldwin, Christine Brown, Kim Richardson, and Christopher Thompson. (jsm2)
December 5, 2018 Filing 6 MOTION for Preliminary Injunction by Robert Preslar (see Doc. 1). (tjk)
December 5, 2018 Opinion or Order Filing 5 IT IS ORDERED that the Clerk of Court shall take appropriate steps in coordination with the United States Marshals Service, to effect formal, PERSONAL SERVICE of summons, the Complaint (Doc. 1), which includes a request for preliminary injunctive relief, and this order upon each Defendant at his or her work address, as provided by Plaintiff. Signed by Judge Nancy J. Rosenstengel on 12/5/2018. (tjk)
December 4, 2018 Opinion or Order Filing 4 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 $11.32. 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 Pinckneyville Correctional Center upon entry of this Order. Signed by Judge Nancy J. Rosenstengel on 12/4/2018. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 26, 2018 Opinion or Order Filing 3 NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 18-2121-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 11/26/2018. (jaj)
November 26, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis by Robert Preslar. (jaj)
November 26, 2018 Filing 1 COMPLAINT against All Defendants filed by Robert Preslar.(jaj)

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Defendant: John Baldwin
Represented By: William D. Buchanan
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Defendant: Christopher Thompson
Represented By: William D. Buchanan
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Defendant: Christine Brown
Represented By: William D. Buchanan
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Defendant: Kim Richardson
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Plaintiff: Robert Preslar
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