Daniels v. Brown et al
| Darrian Daniels |
| Frank Lawrence, Tyson Brown and John Baldwin |
| 3:2019cv01341 |
| December 9, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 27, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 31
ORDER denying #7 Motion for Preliminary Injunction. The Clerk is DIRECTED to STRIKE the Notice to the Court at Doc. 30. Signed by Chief Judge Nancy J. Rosenstengel on 2/6/2020. (jrj)
|
| Filing 32 Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Preliminary Injunction hearing held on 2/5/2020. Darrian Daniels appeared by video conference. Sheree Davis appeared on behalf of defendants. (Court Reporter Karen Waugh.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 30 NOTICE to the Court by Darrian Daniels. (jaj) |
|
Filing 29
ORDER denying #28 Motion to Call Witnesses filed by Darrian Daniels. As the motion has not been timely filed, the Motion is DENIED at this time. The Court will decide at the hearing on the Motion for Preliminary Injunction if additional witness testimony is necessary. Signed by Chief Judge Nancy J. Rosenstengel on 2/3/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 28 MOTION to Call Witnesses by Darrian Daniels. (jaj) |
| Filing 27 RESPONSE to Motion re #7 MOTION for Preliminary Injunction filed by John Baldwin, Tyson Brown, Frank Lawrence. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Davis, Sheree) |
|
Filing 26
ORDER granting #25 Motion for Extension of Time to File Response to the #7 MOTION for Preliminary Injunction. Responses due by 1/29/2020. Signed by Chief Judge Nancy J. Rosenstengel on 1/23/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 25 MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Preliminary Injunction by John Baldwin, Tyson Brown, Frank Lawrence. (Davis, Sheree) |
| Filing 24 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned Chief Judge Nancy J. Rosenstengel. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 23 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 22 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Davis, Sheree) |
|
Filing 21
ORDER: Plaintiff Daniels has filed two documents with the Court entitled "Very Important Notice" (Docs. #17 and #20 ). In these documents, he makes additional allegations against Defendants Brown and Lawrence regarding threats, retaliation, lack of healthcare, the issuance of a false disciplinary ticket, and unconstitutional conditions of confinement. These notices to the Court are improper attempts by Daniels to supplement the Complaint. Although leave to amend a complaint is usually granted freely at the early pleading stage, the Court does not accept piecemeal amendments to a complaint. Daniels is advised that an amended complaint must include all claims against all defendants. An amended complaint also supersedes and replaces the original complaint, rendering it void. Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n. 1 (7th Cir. 2004). Accordingly, the Clerk of Court is DIRECTED to STRIKE the Very Important Notice at Docs. #17 and #20 . Signed by Chief Judge Nancy J. Rosenstengel on 1/16/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing fee: $ 400.00 receipt number 34625098769 (amv) |
| Filing 20 STRICKEN PER ORDER at document 21-VERY IMPORTANT NOTICE to the Court by Darrian Daniels. (jaj) Modified on 1/17/2020 (trb). |
| Filing 19 NOTICE FROM CLERK Instructing all parties to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to all parties on 1/15/20. Consent due by 2/5/2020 (trb) |
| Filing 18 NOTICE of Appearance by Sheree A. Davis on behalf of Tyson Brown, Frank Lawrence (Davis, Sheree) |
| Filing 17 STRICKEN PER ORDER at doc 21-VERY IMPORTANT NOTICE to the Court by Darrian Daniels. (jaj) Modified on 1/17/2020 (trb). |
| Filing 16 WAIVER OF SERVICE Returned Executed Tyson Brown waiver sent on 12/30/2019, answer due 2/28/2020; Frank Lawrence waiver sent on 12/30/2019, answer due 2/28/2020. (tjk) |
| Filing 15 NOTICE of Appearance by Sheree A. Davis on behalf of John Baldwin (Davis, Sheree) |
| Filing 14 VIDEO WRIT ISSUED as to Darrias Daniels K91046 to be held 2/5/2020 at 2:30 PM before Chief Judge Nancy J. Rosenstengel. (drb) |
|
Filing 13
NOTICE AND ORDER: A hearing as to #7 Motion for Preliminary Injunction is set for 2/5/2020 at 2:30 PM before Chief Judge Nancy J. Rosenstengel as the East St. Louis Courthouse. Defendants SHALL FILE A RESPONSE to the request for a preliminary injunction on or before 1/22/2020. IDOC and the Warden of Menard Correctional Center shall arrange to have Darrian Daniels K91046 present via video conference. Signed by Chief Judge Nancy J. Rosenstengel on 1/6/2020. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 12 NOTICE to the Court by Darrian Daniels. (jaj) |
| Filing 11 WAIVER OF SERVICE Returned Executed John Baldwin waiver sent on 12/30/2019, answer due 2/28/2020. (tjk) |
| Filing 10 REQUEST FOR WAIVER of Service sent to Brown and Lawrence on 12/30/2019. Waiver of Service due by 1/29/2020. (tjk) |
| Filing 9 REQUEST FOR WAIVER of Service sent to Baldwin on 12/30/2019. Waiver of Service due by 1/29/2020. (tjk) |
|
Filing 8
Order: The Complaint survives screening pursuant to Section 1915A, and the Clerk of Court is DIRECTED to serve process upon Brown, Baldwin, and Lawrence. The request for a temporary restraining order is DENIED without prejudice, but the request for a preliminary injunction regarding the receipt of contaminated food and denial of meals is DEFERRED (Doc. #7 ). Daniels's request for emergency injunctive relief for medical treatment is DENIED without prejudice. Daniels is ORDERED to pay the $400.00 filing fee or submit an IFP Motion not later than January 23, 2020. If Daniels fails to either pay or submit his IFP motion, this action shall be subject to dismissal for failure to comply with an order of the Court. See FED. R. CIV. P. 41(B). The Clerk of Court is DIRECTED to mail Daniels a copy of the docket sheet and a motion to proceed in forma pauperis form. (See Doc. #6 ). Daniels's request for status is DENIED as moot. (Doc. #5 ). Finally, pursuant to Administrative Order No. 244, Defendants need only respond to the issues stated in this Merit Review Order. Signed by Chief Judge Nancy J. Rosenstengel on 12/27/2019. (jrj)
|
| Filing 7 MOTION for Preliminary Injunction or Protective Order by Darrian Daniels. (kek) |
| Filing 6 NOTICE to the Court regarding not receiving filings by Darrian Daniels. (jaj) |
| Filing 5 NOTICE to the Court by Darrian Daniels. (jaj) |
|
Filing 4
ORDER denying #2 Motion for Preliminary Injunction. Plaintiff has filed a motion for preliminary injunction ("Motion") asking the Court to order that he be transferred from Menard Correctional Center and that Defendants be prohibited from having any contact with him. "A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (citations omitted). Plaintiff has failed to show that he will suffer irreparable harm absent injunctive relief warranting a preliminary injunction. In the Motion and the Complaint, he claims that on multiple occasions between September 5, 2019, and November 3, 2019, Defendant Brown denied him food trays and gave him food trays contaminated with feces, dirt, and other substances. (Doc. #2 , pp. 2-3, 4; Doc. #1 , p. 3). He does not state, however, that he is currently being denied food or given contaminated meals. Plaintiff states he will suffer irreparable injury due to the fact that he is not eating, but then again states that the events alleged took place until November 3, 2019. (Doc. #2 , p. 4). The Supreme Court has held that "[i]ssuing a preliminary injunction based only on a possibility of irreparable harm is inconsistent with our characterization of injunctive relief as an extraordinary remedy," Winter, 555 U.S. at 22 (citation omitted), and so the request for a preliminary injunction is DENIED without prejudice. Plaintiff is free to file a separate motion seeking a temporary restraining order or preliminary injunction under Rule 65 at any time while this action is pending, if it becomes necessary to do so. Signed by Chief Judge Nancy J. Rosenstengel on 12/10/2019. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-1341-NJR. 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 Chief Judge Nancy J. Rosenstengel on 12/9/2019. (Attachments: #1 Consent to Magistrate Judge)(jaj)
|
| Filing 2 MOTION for Preliminary Injunction and/or Protective Order and Brief in Support by Darrian Daniels. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Darrian Daniels.(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.
