Gakuba v. Swells et al
| Peter Gakuba |
| Property Manager, Little John, Transfer Coordinator, Wexford Health Services, April Wampler, Ms. Dunlap, Nurse Practitioner, Mr. Henderson, Sarah Robertson, John/Jane Doe, Arede Johnson, John Barwick, Vienna Correctional Center, Robinson Correctional Center, Dr. Shah, Ms. Helregel, Karen Pannier, Michelle Neese, Matthew Swells, Catherine Wright, Angela Mize and Rob Jeffreys |
| 3:2019cv01081 |
| October 4, 2019 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 22 NOTICE to Court - Declaration with Supporting Documents Corroborating #14 by Peter Gakuba. (jaj) |
| Filing 21 MOTION for Order Preserving 9/4/2019 Photos by Peter Gakuba. (jaj) |
| Filing 20 MOTION for Expedited Summons Service by US Marshals by Peter Gakuba. (jaj) |
| Filing 19 NOTICE to Court: Declaration with Exhibits Evidencing the Circuit Retallatory 6-12 Month Prison Transfers by Peter Gakuba (jaj) |
Filing 18
ORDER: Pursuant to Administrative Order 257, this case has been selected for reassignment to a Magistrate Judge. Within 21 days of this Order, any party not previously having filed a Notice and Consent to Proceed before a Magistrate Judge Jurisdiction form in this case must file the attached form indicating that party's consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent due by 12/11/2019.. Signed by Judge Staci M. Yandle on 11/20/2019. (Attachments: #1 Admin. Order 257)(jaj)
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| Filing 17 REQUEST FOR WAIVER of Service sent to Jeffreys on 11/18/2019. Waiver of Service due by 12/18/2019. (tjk) |
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Filing 16
Order for Service of Process upon Rob Jeffreys, DENYING #12 MOTION to Consolidate Cases filed by Peter Gakuba, #8 MOTION to Consolidate Cases filed by Peter Gakuba, and #3 MOTION for Recruitment of Counsel filed by Peter Gakuba. IT IS HEREBY ORDERED that Counts 1, 2, 3, 4, and 5 are SEVERED into a new case. Count 6 is SEVERED into a new case and #14 MOTION for Temporary Restraining Order filed by Peter Gakuba shall be filed in the severed case with Count 6. Counts 10 and 11 are SEVERED into a new case. See Order for specifics. John/Jane Does 1-50 at Vienna, John/Jane Does 1-50 at Robinson, Transfer Coordinator Staff 1-20, Wexford Health Services, Vienna Correctional Center, Robinson Correctional Center, Ms. Dunlap, John Barwick, Matthew Swells,Nurse Practitioner Alisa, and Sarah Robertson are DISMISSED from this action and shall be terminated from the docket. Jeffreys shall have until 12/2/2019 to respond to the pending motion for preliminary injunction (Doc. #2 ). Signed by Judge Staci M. Yandle on 11/18/2019. (anp)
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| Filing 15 MOTION for Copies of all November 2019 and Beyond Pleadings by Peter Gakuba. (jaj) |
| Filing 14 SECOND MOTION for Equitable Relief, Temporary Restraining Order, Prelim. & Perm. Injunction, Decl. Judgment by Peter Gakuba. (jaj) |
| Filing 13 NOTICE to Court - Declaration in Support of Complaint & Equitable Relief by Peter Gakuba re #1 Complaint. (jaj) |
| Filing 12 MOTION to Consolidate with Cases 19-437-NJR and 18-1065-NJR by Peter Gakuba. (jaj) |
| Filing 11 Prisoner Trust Fund Account Statement by Peter Gakuba. (jaj) |
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Filing 10
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 $1.63. 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 Vienna Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 10/10/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
ORDER re #4 MOTION for Temporary Restraining Order filed by Peter Gakuba. To the extent Plaintiff requests a temporary restraining order, his Motion (Doc. #4 ) is DENIED. A TRO may issue without notice 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). Such injunctive relief is also warranted "to prevent a substantial risk of serious injury from ripening into actual harm." Farmer v. Brennan, 511 U.S. 825, 845 (1994). Plaintiff has not made a clear showing of immediate or irreparable injury if he is not transferred immediately as requested. Although Plaintiff claims he has suffered one heat stroke on September 10, 2019 due to the lack of air conditioning at Vienna Correctional Center combined with his sensitive skin condition, and may suffer more, the temperature since that time has dropped. The Court further DENIES Plaintiffs Motion for Hearing (Doc. 5) and Motion for Expedited Hearing (Doc. 6). Plaintiffs Motion for Preliminary Injunction (Doc. 4) remains pending. The Court will set that matter for hearing if it deems a hearing necessary. Signed by Judge Staci M. Yandle on 10/4/2019. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 MOTION to Consolidate Cases by Peter Gakuba. (jaj) |
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Filing 7
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-1081-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 10/4/2019. (jaj)
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| Filing 6 MOTION to Expedite re #5 MOTION for Hearing re #4 MOTION for Temporary Restraining Order by Peter Gakuba. (jaj) |
| Filing 5 MOTION for Hearing re #4 MOTION for Temporary Restraining Order by Peter Gakuba. (jaj) |
| Filing 4 MOTION for Equitable Relief, Temporary Restraining Order, Preliminary and Permanent Injunction and Declaratory Judgment by Peter Gakuba. (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Peter Gakuba. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Peter Gakuba. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Peter Gakuba.(jaj) |
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