Bradley v. Wexford Inc. et al
| Deandre Bradley |
| Jerry Whithoft, Jane Doe, Bob Jeffreys, Ron Skidmore, Brenda Otjen, John Doe, M. Siddiqui, Ms. Cannon, Frank Lawrence, Cassie Chitty, Joseph Goetz and Wexford Inc. |
| 3:2019cv00733 |
| July 8, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on January 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 NOTICE of Appearance by Rachel D. Schwarzlose on behalf of Cassie Chitty, Joseph Goetz, Bob Jeffreys, Frank Lawrence, Brenda Otjen, Jerry Whithoft (Schwarzlose, Rachel) |
| Filing 14 NOTICE of Appearance by Areda Antionette Johnson on behalf of Cassie Chitty, Joseph Goetz, Frank Lawrence, Brenda Otjen, Jerry Whithoft (Johnson, Areda) |
| Filing 13 WAIVER OF SERVICE Returned Executed Ms. Cannon waiver sent on 7/11/2019, answer due 9/9/2019; M. Siddiqui waiver sent on 7/11/2019, answer due 9/9/2019. (tjk) |
| Filing 12 WAIVER OF SERVICE Returned Executed Cassie Chitty waiver sent on 7/11/2019, answer due 9/9/2019; Joseph Goetz waiver sent on 7/11/2019, answer due 9/9/2019; Frank Lawrence waiver sent on 7/11/2019, answer due 9/9/2019; Brenda Otjen waiver sent on 7/11/2019, answer due 9/9/2019; Jerry Whithoft waiver sent on 7/11/2019, answer due 9/9/2019. (tjk) |
| Filing 11 NOTICE of Appearance by Areda Antionette Johnson on behalf of Bob Jeffreys (Johnson, Areda) |
| Filing 10 WAIVER OF SERVICE Returned Executed Bob Jeffreys waiver sent on 7/11/2019, answer due 9/9/2019. (tjk) |
Filing 9
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $2.53. 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 Chief Judge Nancy J. Rosenstengel on 7/11/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 REQUEST FOR WAIVER of Service sent to Joseph Goetz, Jerry Whithoft, Ms. Cannon, Cassie Chitty, Brenda Otjen, M. Siddiqui, and Frank Lawrence on 7/11/2019. Waiver of Service due by 8/12/2019. (tjk) |
| Filing 7 REQUEST FOR WAIVER of Service sent to Jeffreys on 7/11/2019. Waiver of Service due by 8/12/2019. (tjk) |
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Filing 6
TEMPORARY RESTRAINING ORDER: Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #2 ) is GRANTED IN PART, DENIED IN PART, and RESERVED IN PART. The Clerk of Court is DIRECTED to electronically transmit and express mail this order and the NEF to the Illinois Attorney General, and Defendant Warden Frank Lawrence at Menard Correctional Center. The Clerk of Court shall also contact the litigation coordinator at Menard Correctional Center via telephone to ensure Warden Frank Lawrence is alerted to the issuance of this temporary restraining order. Signed by Chief Judge Nancy J. Rosenstengel on 7/11/2019. (bps)
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Filing 5
ORDER: Count 10 is SEVERED into a new case against Wexford, Inc., John Doe #1, and Ron Skidmore. In the new case, the Clerk of Court is DIRECTED to file the following documents: this Memorandum and Order; the Complaint (Doc. #1 ); Plaintiff's motion for temporary restraining order and preliminary injunction (Doc. #2 ); and Plaintiff's motion for leave to proceed in forma pauperis (Doc. #3 ). The Clerk of Court is DIRECTED to terminate Wexford, Inc., John Doe #1 and Ron Skidmore from the Courts Case Management/Electronic Case Filing (CM/ECF) system. Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #2 ) is GRANTED in part and remains pending in part. A separate order will issue on the Temporary Restraining Order.The Clerk of Court shall prepare for Defendants Joseph Goetz, Jerry Whithoft, Ms. Cannon, Cassie Chitty, Brenda Otjen, M. Siddiqui, Bob Jeffreys and Frank Lawrence: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail these forms, a copy of the Complaint, and this Memorandum and Order to each defendants place of employment as identified by Plaintiff. Signed by Chief Judge Nancy J. Rosenstengel on 7/11/2019. (bps)
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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 19-733-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 Chief Judge Nancy J. Rosenstengel on 7/9/2019. (jaj)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Deandre Bradley. (jaj) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction Relief by Deandre Bradley. (jaj) |
| Filing 1 COMPLAINT for Temporary Restraining Order (T.R.O.) and Preliminary Injunction Relief and Monetary Damages against All Defendants filed by Deandre Bradley. (Attachments: #1 Exhibits)(jaj) |
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