Lovejoy v. Lashbrook et al
| Laurence Lovejoy |
| Doug Lyerla, Jacqueline Lashbrook, Kelly Pierce, Lori Oakley, John Baldwin, Larissa Wandro, Misti L. Price, H. Price, Kimberly Butler, R. Valleroy and J. Clendenin |
| 3:2019cv00021 |
| 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
RSS Track this Docket
This docket was last retrieved on January 23, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 DECLARATION and Exhibits re #1 Complaint by Laurence Lovejoy. (jaj) |
Filing 7
ORDER DENYING Plaintiff's request for temporary restraining order (TRO) or preliminary injunction stated in Plaintiff's Declaration #6 . The Court may not issue a TRO unless "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." See Fed. R. Civ. P. 65(b)(1)(A). Plaintiff seeks a TRO ordering defendants to cease interference and deprivation of his right to file and use the grievance process. Plaintiff has not demonstrated that he faces any immediate or irreparable injury or loss that warrants a TRO. Accordingly, the request for TRO is denied without prejudice. In order to obtain preliminary injunctive relief, Plaintiff must 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 injunction. Woods v. Buss, 496 F.3d 620, 622 (7th Cir. 2007). Plaintiff has not explained how he is at risk of suffering irreparable harm without preliminary relief. The preliminary relief requested involves access to a grievance procedure. Because inmates do not have an independent due process or First Amendment right to a grievance procedure, Plaintiff fails to show likelihood of success on the merits. See Grieveson v. Anderson, 538 F.3d 763, 772 (7th Cir. 2008); Lewis v. Washington, 300 F.3d 829, 833 (7th Cir. 2002). Given this lack of potential harm and the unlikelihood of success on the merits on this issue, Plaintiff's request for preliminary injunction is DENIED without prejudice. Plaintiff may still request preliminary injunction by filing a separate motion pursuant to Rule 65 at a later time. Signed by Judge Staci M. Yandle on 1/15/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 6 Declaration by Laurence Lovejoy. (jsm2) |
|
Filing 5
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.
|
|
Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-21-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. (jaj)
|
| Filing 3 MOTION to Appoint Counsel by Laurence Lovejoy. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Laurence Lovejoy. (Attachments: #1 Trust Fund Statement)(jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Laurence Lovejoy.(jaj) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
