Belk, Sr. v. Watson

Plaintiff: Cameron Belk, Sr.
Defendant: Richard Watson
Case Number: 3:2019cv00499
Filed: May 13, 2019
Court: US District Court for the Southern District of Illinois
Presiding Judge: J Phil Gilbert
Nature of Suit: Prison Condition
Cause of Action: 42:1983
Jury Demanded By: Defendant

Docket Report

This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2019 Filing 33 NOTICE of Appearance by James S. Cole on behalf of Cameron Belk, Sr (Cole, James)
July 3, 2019 Initial Prisoner Filing Fee: $ 35.15 received, receipt number 34625094199 (cds)
June 28, 2019 Action due by 7/25/2019, per Order at Doc. 32. (kls3)
June 27, 2019 Opinion or Order Filing 32 ORDER ASSIGNING ATTORNEY: In accordance with 28 U.S.C. 1915(e)(1) and Local Rule(s) 83.1(i) and 83.9(b), attorney James S. Cole of Wasinger Daming L.C., located at St. Louis, Missouri, is ASSIGNED to represent Plaintiff in this civil rights case. On or before July 11, 2019, assigned counsel shall enter his appearance in this case. On or before July 25, 2019, Plaintiff, by and through counsel, is ORDERED to supplement or replace Documents 17 and 20 with a Rule 65 motion indicating what, if any, interim relief is necessary and notify the Court in writing of any intent to file an amended complaint. Attorney Cole 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 the following to newly-assigned counsel: this Order, Complaint (Doc. 1), Merits Review Order (Doc. 11), and original Order Assigning Attorney (Doc. 21), as well as a copy of the docket sheet. The electronic case file is available through the CM-ECF system.Signed by Judge J. Phil Gilbert on 6/27/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 27, 2019 Opinion or Order Filing 31 Order GRANTING #28 Application by Counsel for Relief from Order of Assignment pursuant to Local Rule 83.11(a)(2). New counsel will be assigned in a separate court order. Crystal M. Campbell shall, on order of the Court, be STRICKEN from the roll of the bar of this Court for two years and will not be permitted to appear pro hac vice. Local Rule 83.11(c). Attorney Campbell may request permanent withdrawal from the roll of the bar of this Court by separate motion. Signed by Judge J. Phil Gilbert on 6/27/2019.(jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 27, 2019 Filing 30 SUPPLEMENT by Cameron Belk, Sr. Supplement to #28 Motion for Miscellaneous Relief, Supplemental Certificate of Service. (Campbell, Crystal)
June 27, 2019 Filing 29 NOTICE OF ACTION re #28 Motion for Miscellaneous Relief, filed by Cameron Belk, Sr. Although filer included a certificate of service as the last page of the document, she should notify the court that she in fact sent to pro se plaintiff a copy of Doc. 28. Please consult the ECF User Manual and Local Rules for further instruction. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 26, 2019 Filing 28 MOTION by Counsel for Relief from Order of Assignment re #21 Order Assigning Attorney,,, Terminate Motions,,, Order on Motion for Preliminary Injunction,,, Order on Motion for Recruitment of Counsel,,, Order on Motion for Miscellaneous Relief,, by Cameron Belk, Sr. (Campbell, Crystal)
June 26, 2019 Filing 27 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #26 Motion for Miscellaneous Relief, filed by Cameron Belk, Sr. Electronic signature omitted. See Section 2.0, page 2.1 of User's Manual. E-filer is instructed to re-file document with proper electronic signature. (kls3)
June 25, 2019 Filing 26 STRICKEN. MOTION by Counsel for Relief from an Order of Assignment re #21 Order Assigning Attorney,,, Terminate Motions,,, Order on Motion for Preliminary Injunction,,, Order on Motion for Recruitment of Counsel,,, Order on Motion for Miscellaneous Relief,, by Cameron Belk, Sr. (Campbell, Crystal) Modified on 6/26/2019 (kls3).
June 20, 2019 Filing 25 NOTICE of Appearance by Thomas R. Ysursa on behalf of Richard Watson (Ysursa, Thomas)
June 20, 2019 Filing 24 WAIVER OF SERVICE Returned Executed by Richard Watson. Richard Watson waiver sent on 5/21/2019, answer due 7/22/2019. (Hunter, Thomas)
June 20, 2019 Filing 23 DEMAND for Trial by Jury by Richard Watson. (Hunter, Thomas)
June 20, 2019 Filing 22 NOTICE of Appearance by Thomas J Hunter on behalf of Richard Watson (Hunter, Thomas)
June 12, 2019 Opinion or Order Filing 21 ORDER ASSIGNING ATTORNEY Crystal M. Campbell for Cameron Belk, Sr. (Attorney Appearance due by 6/26/2019); GRANTING #18 #20 Motions for Recruitment of Counsel and DEFERRING a decision on #17 #20 Motions for Medical Care until Plaintiff's counsel files a Notice of Appearance on or before June 26, 2019, AND, on or before July 10, 2019, also files a written supplement to Docs. 17 and 20 indicating what, if any, interim relief is necessary and whether an amended complaint will follow. In addition, Defendant is ORDERED to file a written response to Docs. 17 and 20 (and any supplement) on the date he answers the Complaint. Signed by Judge J. Phil Gilbert on 6/12/2019. (jsy)
June 10, 2019 Filing 20 MOTION for Emergency Medical Care and Counsel Assistance Addendums by Cameron Belk, Sr. (jaj)
June 5, 2019 Filing 19 Prisoner Trust Fund Account Statement. (jaj)
May 28, 2019 Filing 18 MOTION for Recruitment of Counsel by Cameron Belk, Sr. (Attachments: #1 Cover letter)(kek)
May 28, 2019 Filing 17 MOTION for Injunctive Medical Care by Cameron Belk, Sr. (kek)
May 23, 2019 Opinion or Order Filing 16 ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Docs. #7 , #13 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $10.34. 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 St. Clair County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 5/23/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 23, 2019 Filing 15 Prisoner Trust Fund Account Statement. (jaj)
May 21, 2019 Filing 14 REQUEST FOR WAIVER of Service sent to Richard Watson on 05/21/2019. Waiver of Service due by 6/20/2019. (jsm2)
May 21, 2019 Filing 13 MOTION for Leave to Proceed in forma pauperis by Cameron Belk, Sr. (jaj)
May 21, 2019 Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
May 21, 2019 Opinion or Order Filing 11 ORDER FOR SERVICE OF PROCESS upon SHERIFF RICHARD WATSON and ORDER DENYING #6 Motion to Appoint Counsel without prejudice. The Complaint (Doc. 1) survives preliminary review under 28 U.S.C. 1915A, as follows: COUNTS 1 and 4 will receive further review against Defendant RICHARD WATSON. However, COUNTS 2, 3, 5, and 6 are DISMISSED without prejudice and COUNT 7 is DISMISSED with prejudice, all for failure to state a claim upon which relief may be granted. Signed by Judge J. Phil Gilbert on 5/20/2019. (jsy)
May 17, 2019 Opinion or Order Filing 10 ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #7 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 11/1/2018 to 5/13/2019 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at St. Clair County Jail. (Trust Fund Statement due on or before 7/1/2019). Signed by Judge J. Phil Gilbert on 5/17/2019. (tjk)
May 16, 2019 Opinion or Order Filing 9 The Court construes Plaintiff's self-styled #2 #4 Motions for Emergency Medical Care Injunction as requests for a temporary restraining order ("TRO") under Federal Rule of Civil Procedure 65(b) and DENIES without prejudice. 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." Fed. R. Civ. P. 65(b)(1)(A). This relief is only warranted "to prevent a substantial risk of injury from ripening into actual harm." Farmer v. Brennan, 511 U.S. 825, 845 (1994). Plaintiff seeks an MRI, CT scan, and treatment with a qualified medical professional for "2 minor strokes" that he may have suffered "while in defendants care." (Doc. 4). However, he offers no details about when he suffered these suspected strokes, what symptoms he experienced, any lingering side effects he still suffers, his requests for treatment, or the defendant's response to his requests. (Id.). Given the lack of information provided by Plaintiff, the Court is unable to assess the urgency of his need for any injunctive relief--let alone a TRO. Plaintiff's Motions (Docs. 2 and 4) are denied. However, the denial is without prejudice, and Plaintiff may renew his request for interim relief by filing a Motion for Temporary Restraining Order and/or Preliminary Injunction Pursuant to Rule 65(a) or (b) at any time he deems it necessary to do so during the pending action. Signed by Judge J. Phil Gilbert on 5/16/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 16, 2019 Opinion or Order Filing 8 ORDER: The Court has received your motion to proceed without prepayment of the filing fee. 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. 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 J. Phil Gilbert on 5/16/2019. (tjk)
May 15, 2019 Filing 7 MOTION for Leave to Proceed in forma pauperis by Cameron Belk, Sr.. (jaj)
May 15, 2019 Filing 6 MOTION to Assign Counsel to Assist by Cameron Belk, Sr.. (jaj)
May 15, 2019 Filing 5 NOTICE of Service by Cameron Belk, Sr. (jaj)
May 15, 2019 Filing 4 MOTION for Emergency Medical Care Injunction by Cameron Belk, Sr.. (jaj)
May 14, 2019 Filing Fee/IFP due by 6/13/2019. (jaj)
May 13, 2019 Opinion or Order Filing 3 NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-499-JPG. 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 J. Phil Gilbert on 5/13/2019. (Attachments: #1 Consent to Magistrate Judge)(jaj)
May 13, 2019 Filing 2 MOTION for Emergency Medical Care by Cameron Belk, Sr.. (jaj)
May 13, 2019 Filing 1 COMPLAINT against Richard Watson filed by Cameron Belk, Sr..(jaj)

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Plaintiff: Cameron Belk, Sr.
Represented By: James S. Cole
Represented By: Crystal M. Campbell
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Defendant: Richard Watson
Represented By: Thomas R. Ysursa
Represented By: Thomas J Hunter
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