Kruger v. Lashbrook et al
Plaintiff: Joshua Kruger
Defendant: Rooyster, Moore, Jacqueline Lashbrook, Siddiqui, Wexford Health Sources, Inc., Louis Shicker, Matheny, Milleur, McCaleb, Dr. Siddiqui, Dr. William Puga, John R. Baldwin and Robert Jeffreys
Case Number: 3:2020cv00024
Filed: January 7, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2020 Filing 23 WAIVER OF SERVICE Returned Executed Wexford Health Sources, Inc. waiver sent on 2/27/2020, answer due 4/27/2020. (tjk)
March 3, 2020 Filing 22 WAIVER OF SERVICE Returned Executed Siddiqui waiver sent on 2/27/2020, answer due 4/27/2020. (tjk)
March 3, 2020 Filing 21 WAIVER OF SERVICE Returned Executed Jacqueline Lashbrook waiver sent on 2/27/2020, answer due 4/27/2020; Matheny waiver sent on 2/27/2020, answer due 4/27/2020; McCaleb waiver sent on 2/27/2020, answer due 4/27/2020; Rooyster waiver sent on 2/27/2020, answer due 4/27/2020. (tjk)
February 28, 2020 Opinion or Order Filing 20 ORDER: This action is before the Court for the purpose of docket control. As of today, Defendant Moore has not been served. A request for waiver of service was returned unexecuted as to Defendant Moore on February 27, 2020, with the notation that there are 2 staff members with the name Moore (Doc. #18 ). IT IS THEREFORE ORDERED that Plaintiff provide additional information (i.e. physical description, date and time of alleged interaction giving rise to this lawsuit, etc.) to the Clerk of Court and file a notice of such, to identify Defendant Moore. Plaintiff SHALL provide said information within 30 days of the date of this order so that process may be served upon him/her. Plaintiff is WARNED that his failure to comply with this Order may result in dismissal of Defendant Moore from this lawsuit. Signed by Chief Judge Nancy J. Rosenstengel on 2/28/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 27, 2020 Filing 19 Waiver of Service Returned Unexecuted as to Puga. (tjk)
February 27, 2020 Filing 18 Waiver of Service Returned Unexecuted as to Moore. (tjk)
February 27, 2020 Filing 17 Waiver of Service Returned Unexecuted as to Milleur. (tjk)
February 27, 2020 Filing 16 REQUEST FOR WAIVER of Service sent to Jacqueline Lashbrook, Dr. Siddiqui, Milleur, McCaleb, Matheny, Rooyster, Moore, Dr. William Puga on 2/27/2020. Waiver of Service due by 3/30/2020. (tjk)
February 27, 2020 Filing 15 REQUEST FOR WAIVER of Service sent to Shicker, Baldwin, and Jeffreys on 2/27/2020. Waiver of Service due by 3/30/2020. (tjk)
February 27, 2020 Filing 14 REQUEST FOR WAIVER of Service sent to Wexford on 2/27/2020. Waiver of Service due by 3/30/2020. (tjk)
February 27, 2020 Filing 13 AMENDED COMPLAINT against John R. Baldwin, Robert Jeffreys, Jacqueline Lashbrook, Matheny, McCaleb, Milleur, Moore, William Puga, Rooyster, Louis Shicker, Siddiqui, Wexford Health Sources, Inc., filed by Joshua Kruger.(tjk)
February 27, 2020 Opinion or Order Filing 12 Order for Service of Process upon Jacqueline Lashbrook, Louis Shicker, Dr. Siddiqui, Wexford Health Sources, Inc., Milleur, McCaleb, Matheny, Rooyster, Moore, Dr. William Puga, John Baldwin, and Robert Jeffreys, GRANTING #7 MOTION for Leave to File filed by Joshua Kruger. The Clerk is DIRECTED to FILE the Amended Complaint and ADD the new parties to the docket. Signed by Chief Judge Nancy J. Rosenstengel on 2/27/2020. (anp)
February 18, 2020 Filing 11 Initial Prisoner Filing Fee: $ 81.64 received, receipt number 34625099537 (ack)
February 3, 2020 Opinion or Order Filing 10 ORDER denying #9 Motion for TRO. Plaintiff requests an order from the Court barring the Illinois Department of Corrections from transferring him back to Menard Correctional Center. There is no indication that Plaintiff is being transferred to Menard because it is just one of six prisons that he is eligible to transfer to. His possible transfer to Menard is purely speculative at this point and does not warrant injunctive relief. East St. Louis Laborers' Local 100 v. Bellon Wrecking & Salvage Co., 414 F.3d 700, 704 (7th Cir. 2005). Further, even if Plaintiff is transferred back to Menard, Plaintiff's concern that he will be retaliated against because he has a number of cases pending against Menard staff is also purely speculative. And his claim that he will continue to suffer the constitutional deprivations that caused him to file his present suit if he is transferred is also speculative at this point. Signed by Chief Judge Nancy J. Rosenstengel on 2/3/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 3, 2020 Filing 9 MOTION for Temporary Restraining Order by Joshua Kruger. (jsm2)
January 28, 2020 Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
January 28, 2020 Filing 7 MOTION for Leave to File Amended Complaint by Joshua Kruger. (Proposed Amended Complaint received and under review). (jsm2)
January 16, 2020 Filing 6 NOTICE FROM CLERK Instructing Kruger 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 Kruger on 1/16/2020. Consent due by 2/6/2020 (tjk)
January 13, 2020 Opinion or Order Filing 5 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 $81.64. 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 Pontiac Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 1/13/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 8, 2020 Opinion or Order Filing 4 ORDER re #1 Complaint filed by Joshua Kruger. In the request for relief section of his Complaint Plaintiff seeks a preliminary injunction. Plaintiff did not file a separate motion under Federal Rule of Civil Procedure 65(a) and did not set forth the reasons he is entitled to preliminary injunctive relief. Further, Plaintiffs allegations relate to medical care he received at Menard Correctional Center and Plaintiff is no longer housed at Menard, nor does his Complaint include any allegations regarding his current care. Higgason v. Farley, 83 F.3d 807, 811 (7th Cir. 1996) (a prisoners request for injunctive relief is rendered moot by his transfer to another prison); Koger v. Bryan, 523 F.3d 789, 804 (7th Cir. 2008). Accordingly, Plaintiffs request for preliminary injunction is DENIED as moot. Signed by Chief Judge Nancy J. Rosenstengel on 1/8/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 7, 2020 Opinion or Order Filing 3 NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 20-cv-24-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 1/7/2020. (jsm2)
January 7, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis by Joshua Kruger. (jsm2)
January 7, 2020 Filing 1 COMPLAINT against All Defendants, filed by Joshua Kruger.(jsm2)

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Defendant: Rooyster
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Defendant: Moore
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Defendant: Jacqueline Lashbrook
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Defendant: Siddiqui
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Defendant: Wexford Health Sources, Inc.
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Defendant: Louis Shicker
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Defendant: Matheny
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Defendant: Milleur
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Defendant: McCaleb
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Defendant: Dr. Siddiqui
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Defendant: Dr. William Puga
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Defendant: John R. Baldwin
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Defendant: Robert Jeffreys
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Plaintiff: Joshua Kruger
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