Bradley v. Lashbrook et al
| Deandre Bradley |
| Dr. Goldman, Sgt. Jones, Dr. Butler, C/O Sulser, Jacqueline A. Lashbrook, C/O Brumleve, Mr. Cisco, C/O Caron, Shelby Huey, Ms. Mason and Ms. Hill |
| 3:2018cv02169 |
| December 13, 2018 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Set/Reset Deadlines: Second Amended Complaint due by 3/24/2019. Attorney Appearance due by 2/6/2019 (jaj)
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Filing 21
Order ADDING Attorney Travis L. Noble, Jr. for Deandre Bradley and TERMINATING Attorney Anna A. Rostovtsev. In accordance with 28 U.S.C. Sec. 1915(e)(1) and Local Rule(s) 83.1(i) and 83.9(b), attorney Travis Noble, Jr. of Travis Noble, P.C., located at 8000 Maryland Avenue - Suite 910, St. Louis, Missouri, is ASSIGNED to represent Plaintiff in this civil rights case. On or before February 6, 2019, assigned counsel shall enter his appearance in this case. Attorney Noble is free to share responsibilities with an associate who is also admitted to practice in this district court. Assigned counsel, however, must enter the case and shall make first contact with Plaintiff, explaining that an associate may also work on the case. Plaintiff should wait for his attorney to contact him in order to allow counsel an opportunity to review the court file. The Clerk is DIRECTED to transmit a copy of this Order, the Complaint (Doc. 1), Exhibit (Doc. 7), Amended Complaint (Doc. 9), and the Order Appointing Counsel and Dismissing Complaints (Doc. 11) to Attorney Noble, as well as a copy of the docket sheet. The electronic case file is available through the CM-ECF system. Further, the Court EXTENDS the deadline for filing a Second Amended Complaint to March 24, 2019. On or before March 24, 2019, Plaintiff, by and through counsel, shall file a Second Amended Complaint consistent with the instructions set forth in Document 11. The Second Amended Complaint is subject to preliminary review pursuant to 28 U.S.C. Sec. 1915A. Signed by Judge Staci M. Yandle on 1/22/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
Order GRANTING #19 Motion for Relief from Assignment as Counsel. New counsel will be assigned in a separate court order. Signed by Judge Staci M. Yandle on 1/22/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 19
MOTION Motion for Relief from Assignment as Counsel for Plaintiff (Bradley) 1-22-19 by Deandre Bradley. (Rostovtsev, Anna)
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Filing 18
NOTICE of Appearance by Anna A. Rostovtsev on behalf of Deandre Bradley (Rostovtsev, Anna)
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Filing 17
ORDER STRIKING 15 Motion for Leave to File Second Amended Complaint and #16 Motion for Temporary Restraining Order and/or Preliminary Injunction filed by Plaintiff Deandre Bradley. As previously explained, Plaintiff is represented by counsel, so the Court will not accept any pro se filings. Any future motions must be filed through counsel.Signed by Judge Staci M. Yandle on 1/18/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 16
STRICKEN per order at document #17- MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Deandre Bradley. (jaj) Modified on 1/22/2019 (trb).
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Filing 15
STRICKEN per order at document #17- MOTION for Leave to File Second Amended Complaint for Temporary Restraining Order and Preliminary Injunction and Money Damages by Deandre Bradley. (jaj) Proposed Second Amended Complaint received and under review. Modified on 1/22/2019 (trb).
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Filing 14
Order DENYING #13 Motion to Inform, in which Plaintiff requests a hearing date for his Second Motion for Temporary Restraining Order and/or Preliminary Injunction. The Motion was denied without prejudice on January 8, 2019. No hearing was scheduled. Plaintiff states that although he has been "in the light" since January 2, 2019, he fears returning to a "very dark place[ ]." (Doc. 13, p. 3). The Court has recruited counsel to represent Plaintiff in this matter. Plaintiff's attorney will assist him in deciding which claims to pursue in this action and whether to request interim relief. Now that counsel has been assigned, Plaintiff shall not personally file anything in this case, except a pleading that asks that he be allowed to have counsel withdraw from representation. If counsel is allowed to withdraw at the request of Plaintiff, there is no guarantee the Court will appoint other counsel to represent Plaintiff. Signed by Judge Staci M. Yandle on 1/16/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
MOTION to Inform/Request by Deandre Bradley. (jaj)
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Filing 12
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Set/Reset Deadlines: Amended Pleadings due by 3/8/2019. Attorney Appearance due by 1/21/2019 (jaj)
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Filing 11
ORDER assigning Attorney Anna A. Rostovtsev for Deandre Bradley. (Attorney Appearance due by 1/21/2019). IT IS HEREBY ORDERED that the Motion to Alter or Amend Complaint, TRO, and Preliminary Injunction (Doc. 9, pp. 1-4) is DENIED as unnecessary. IT IS ALSO ORDERED that the Motion for TRO and Preliminary Injunction (Doc. 9, pp. 26-38) is DENIED without prejudice at this time. IT IS ORDERED that the Complaint (Doc. 1), Exhibit (Doc. 7), and Amended Complaint (Doc. 9, pp. 5-25) violate Rules 8, 18, and 20 of the Federal Rules of Civil Procedure and are DISMISSED without prejudice. Plaintiff is GRANTED leave to file a Second Amended Complaint on or before March 8, 2019. Signed by Judge Staci M. Yandle on 1/7/2019. (jsy)
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Filing 10
ORDER : The Court has received your payment of the filing fee. Now 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. 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 Staci M. Yandle on 1/3/2019. (tjk)
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Filing fee: $ 400.00, receipt number 34625089656 (cds)
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Filing 9
MOTION to Alter or Amend #1 Complaint and 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Deandre Bradley. (jsm2)
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Filing 8
Order DENYING without prejudice Plaintiff's request in the Complaint (Doc. 1, p. 33) and Exhibit (Doc. 7) for a Temporary Restraining Order ("TRO") and Preliminary Injunction. The 126-page Complaint names 12 defendants at 2 prisons in connection with miscellaneous complaints about cell lighting, inadequate mental health treatment, denial of medical care, unfair disciplinary action, interference with religious exercise, deprivation of property, and denial of access to legal materials, among other things. Plaintiff has provided no separate motion in support of his request for a TRO or preliminary injunction and does not specify the exact relief he wants or the reasons he needs the relief in the Complaint. Although he filed an Exhibit in support of his request on December 14, 2018, it addresses an entirely unrelated claim against 3 non-parties, i.e., C/O Dilday, Nurse Elizabeth, and Dr. Siddiqui. Interim injunctive relief is appropriate only if it seeks relief of the same character that is sought in the underlying suit. Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994); Neuroscience, Inc. v. Forrest, No. 12-cv-813-bbc, 2013 WL 6331346, at *1 (W.D. Wis. Dec. 5, 2013) (denying motion for preliminary injunction because it raised issues outside scope of complaint). The Court is unable to grant Plaintiff's request under Rule 65(a) or (b), Fed. R. Civ. P. A TRO may issue only if "specific facts in an affidavit or a verified complaint clearly show that immediate or irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition" or "to prevent a substantial risk of serious injury from ripening into actual harm." Fed. R. Civ. P. 65(b). A preliminary injunction may only be granted after giving notice to the parties. Fed. R. Civ. P. 65(a). Both require the plaintiff to demonstrate that: (1) his underlying case has some likelihood of success on the merits; (2) no adequate remedy at law exists; and (3) he will suffer irreparable harm without the relief. Merritte v. Kessel, 561 F. Appx 546, 548 (7th Cir. 2014) (citing Woods v. Buss, 496 F.3d 620, 622 (7th Cir. 2007)). If those three factors are shown, the court must balance the harm to each party and public interest from granting or denying the injunction. Id. (citations omitted). See also Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008) (citations omitted); Korte v. Sebelius, 735 F.3d 654, 665 (7th Cir. 2013); Cooper v. Salazar, 196 F.3d 809, 813 (7th Cir. 1999). Because Plaintiff has not clearly indicated what relief he requires or the reasons he needs it at this time, the Court is unable to evaluate, let alone, grant his request. Signed by Judge Staci M. Yandle on 12/17/2018. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 7
EXHIBITS by Deandre Bradley. Exhibit to 2 Motion for TRO, Motion for Preliminary Injunction. (jaj)
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Filing 6
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 5
Prisoner Trust Fund Account Statement by Deandre Bradley. (jaj)
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Filing 4
MOTION to Update by Deandre Bradley. (jaj)
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Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 18-2169-SMY. Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. 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 Staci M. Yandle on 12/13/2018. (Attachments: #1 Consent to Magistrate Judge)(jaj)
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Filing 2
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Deandre Bradley. See document #1 . (jaj)
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Filing 1
COMPLAINT against All Defendants filed by Deandre Bradley. (Attachments: #1 Exhibits part 1, #2 Exhibits part 2)(jaj)
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