Davis v. Thompson et al
Plaintiff: Deandre Davis
Defendant: P. Myers, Hale, C. Brown, Lt. Frank, Mercier, Dr. Lane and Warden Thompson
Case Number: 3:2019cv00892
Filed: August 15, 2019
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2019 Opinion or Order Filing 25 ORDER denying #3 Motion for Preliminary Injunction. Signed by Chief Judge Nancy J. Rosenstengel on 10/1/2019. (jrj)
September 20, 2019 Filing 24 RESPONSE to Motion re #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by P. Myers. (Attachments: #1 Exhibit A)(Dugan, Timothy)
September 19, 2019 Filing 23 NOTICE of Change of Address by Deandre Davis. (jsm2)
September 16, 2019 Filing 22 NOTICE of Change of Address by Deandre Davis. (jsm2)
September 13, 2019 Filing 21 ANSWER to #1 Complaint by P. Myers.(Dugan, Timothy)
September 11, 2019 Opinion or Order Filing 20 ORDER granting #19 Motion for Extension of Time to File Response/Reply as to #3 MOTION for Preliminary Injunction. Response due by September 20, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 9/11/2019. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 10, 2019 Filing 19 MOTION for Extension of Time to File Response/Reply as to #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by P. Myers. (Dugan, Timothy)
September 10, 2019 Filing 18 RESPONSE in Opposition re #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by C. Brown, Lt. Frank, Dr. Lane, Warden Thompson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Johnson, Areda)
September 10, 2019 Opinion or Order Filing 17 ORDER granting #14 Motion for Protective Order. Signed by Chief Judge Nancy J. Rosenstengel on 9/10/2019. (jrj)
September 9, 2019 Filing 16 DOCKET ANNOTATION - Scanning Pinckneyville turned off and Scanning Lawrence turned on. (jsm2)
September 9, 2019 Filing 15 NOTICE of Change of Address by Deandre Davis. (jsm2)
September 4, 2019 Filing 14 MOTION for Protective Order by P. Myers. (Dugan, Timothy)
September 4, 2019 Filing 13 DEMAND for Trial by Jury by P. Myers. (Dugan, Timothy)
September 4, 2019 Filing 12 NOTICE of Appearance by Timothy P. Dugan on behalf of P. Myers (Dugan, Timothy)
August 26, 2019 Filing 11 NOTICE of Appearance by Areda Johnson on behalf of C. Brown, Lt. Frank, Dr. Lane, Warden Thompson (Johnson, Areda)
August 23, 2019 Filing 10 WAIVER OF SERVICE Returned Executed P. Myers waiver sent on 8/20/2019, answer due 10/21/2019. (tjk)
August 23, 2019 Filing 9 WAIVER OF SERVICE Returned Executed C. Brown waiver sent on 8/20/2019, answer due 10/21/2019; Lt. Frank waiver sent on 8/20/2019, answer due 10/21/2019; Dr. Lane waiver sent on 8/20/2019, answer due 10/21/2019; Warden Thompson waiver sent on 8/20/2019, answer due 10/21/2019. (tjk)
August 20, 2019 Filing 8 REQUEST FOR WAIVER of Service sent to Myers, Lane, Frank, Brown, and Thompson on 8/20/2019. Waiver of Service due by 9/19/2019. (tjk)
August 20, 2019 Opinion or Order Filing 7 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 $23.33. 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 Pinckneyville Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 8/20/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 20, 2019 Opinion or Order Filing 6 ORDER: In order to assist the Court in its resolution of the #3 Motion for Preliminary Injunction, Defendants are ORDERED to file a response to the Motion on or before Tuesday, September 10, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 8/20/2019. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 20, 2019 Opinion or Order Filing 5 Order for Service of Process upon Myers, Lane, Frank, Brown, and Thompson (official capacity only), Denying #3 Motion for Temporary Restraining Order. A ruling on Plaintiff's Motion for Preliminary Injunction is DEFERRED. Plaintiff's #2 Motion to Proceed IFP shall be addressed in a separate order. Signed by Chief Judge Nancy J. Rosenstengel on 8/20/2019. (jrj)
August 20, 2019 Set/Reset Deadlines as to #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. Responses due by 9/10/2019 (lmb)
August 15, 2019 Opinion or Order 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-cv-892-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 8/15/2019. (jsm2)
August 15, 2019 Filing 3 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order by Deandre Davis. (jsm2)
August 15, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Deandre Davis. (jsm2)
August 15, 2019 Filing 1 COMPLAINT against All Defendants filed by Deandre Davis. (Attachments: #1 Complaint and Request for Injunction).(jsm2)

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Defendant: P. Myers
Represented By: Timothy P. Dugan
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Defendant: Hale
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Defendant: C. Brown
Represented By: Areda Johnson
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Defendant: Lt. Frank
Represented By: Areda Johnson
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Defendant: Mercier
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Defendant: Dr. Lane
Represented By: Areda Johnson
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Defendant: Warden Thompson
Represented By: Areda Johnson
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Plaintiff: Deandre Davis
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