Lovejoy v. Lashbrook et al
| Laurence Lovejoy |
| Ritz, J. Trost, Doug Lyerla, Jacqueline Lashbrook, Kelly Pierce, Skidomore, Lori Oakley, John Baldwin, Larissa Wandro, Anthony Willis, Gail Walls, H. Price, Siddiqui, M. Price, Kimberly Butler, Sherry Benton, Angela Crain, Lindsay, M. Moldenhauer, Wexford Health Source Incorporated and Anthony Wills |
| 3:2019cv00016 |
| January 4, 2019 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 9 EXHIBITS by Laurence Lovejoy. Exhibit to #1 Complaint. Attachments: #(1) Exhibits).(jsm2) |
Filing 8
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 $2.01. 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 Menard Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 1/11/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 EXHIBIT by Laurence Lovejoy. Exhibits to #1 Complaint. (jsm2) |
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Filing 6
Order DENYING #4 Motion for Preliminary Injunction because Plaintiff seeks relief that is outside the scope of his Complaint. Plaintiff's Complaint focuses exclusively on a claim for the denial of treatment for his chronic migraines at Menard, and he includes no request for relief. (Doc. 1, pp. 1-21). In contrast, Plaintiff's Motion for Preliminary Injunction focuses exclusively on a religious interference claim, and he seeks an order requiring Menard officials to authorize his weekly attendance at religious services hosted by Spartas Jehovah Witness congregation. (Doc. 4, pp. 1-2). A preliminary injunction is appropriate only if it seeks relief of the same character 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). Because the claims and requests for relief are not of the same character or subject matter, the Motion for Preliminary Injunction is denied. The Clerk is DIRECTED to refile the "Exhibit" at Doc. 4, pp. 3-36 as a separate docket entry entitled "Exhibits to Complaint" in CM/ECF. Signed by Judge Staci M. Yandle on 1/8/2019. (jsy)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 19-cv-16-SMY. 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 Staci M. Yandle on 1/4/2019. (jsm2)
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| Filing 4 MOTION for an Preliminary Injunction by Laurence Lovejoy. (jsm2) |
| Filing 3 MOTION for Appointment of Counsel by Laurence Lovejoy. (jsm2) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Laurence Lovejoy. (jsm2) |
| Filing 1 COMPLAINT against All Defendants filed by Laurence Lovejoy.(jsm2) |
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