Harvey, Jr. v. Brookhart et al
| Bryant H. Harvey, Jr. |
| Matt Boesecker, Shelia Lewis, Pamela Ward, T. Stuck, Grivens, C/O Kelly, McCaslin, McCarthy, DeeDee Brookhart, Russell Goins, Lacie Livingston, Carter, IDOC, Tammy Welty, Brian Purdue and Lorri Cunningham |
| 3:2020cv00040 |
| January 9, 2020 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.
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Filing 17
NOTICE of Appearance by Sheree A. Davis on behalf of DeeDee Brookhart, Carter, Lorri Cunningham, Russell Goins, Shelia Lewis, McCaslin (Davis, Sheree)
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Filing 16
WAIVER OF SERVICE Returned Executed Pamela Ward waiver sent on 1/27/2020, answer due 3/27/2020. (tjk)
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Filing 15
WAIVER OF SERVICE Returned Executed DeeDee Brookhart waiver sent on 1/27/2020, answer due 3/27/2020; Carter waiver sent on 1/27/2020, answer due 3/27/2020; Lorri Cunningham waiver sent on 1/27/2020, answer due 3/27/2020; Russell Goins waiver sent on 1/27/2020, answer due 3/27/2020; C/O Kelly waiver sent on 1/27/2020, answer due 3/27/2020; Shelia Lewis waiver sent on 1/27/2020, answer due 3/27/2020; McCaslin waiver sent on 1/27/2020, answer due 3/27/2020. (tjk)
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Filing 14
MOTION for Leave to File Amended Complaint by Bryant H. Harvey, Jr. (Proposed Amended Complaint received and under review). (jsm2)
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Initial Prisoner Filing Fee: $ 7.84 received, receipt number 34625099385 (amv)
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Filing 13
MOTION for Leave to File Amended Complaint by Bryant H. Harvey, Jr. (Proposed Amended Complaint received and under review). (jsm2)
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Filing 12
REQUEST FOR WAIVER of Service sent to McCaslin, Kelly, Brookhart, Cunningham, Goins, Lewis, Carter, Ward, and Welty on 1/27/2020. Waiver of Service due by 2/26/2020. (tjk)
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Filing 11
Order: The Complaint survives preliminary review pursuant to Section 1915A. The Clerk is directed to serve process upon McCaslin, Kelly, Brookhart, Cunningham, Goins, Lewis, Carter, Ward, and Welty. The #10 MOTION for Temporary Restraining Order and the #3 MOTION for Recruitment of Counsel are DENIED. The Clerk is further directed to TERMINATE Purdue, Stuck, Givens, Boesecker, Livingston, McCarthy, and Illinois Department of Corrections as defendants in this action. Signed by Chief Judge Nancy J. Rosenstengel on 1/27/2020. (jrj)
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Filing 10
MOTION for Temporary Restraining Order and/or Preliminary Injunction by Bryant H. Harvey, Jr. (jsm2)
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Filing 9
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). (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
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Filing 7
NOTICE FROM CLERK Instructing Harvey, Jr. 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 Harvey, Jr. on 1/16/2020. Consent due by 2/6/2020 (tjk)
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Filing 6
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 $7.84. 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 Lawrence Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 1/15/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
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-40-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 1/10/2020. (jsm2)
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Filing 4
NOTICE OF MODIFICATION re #1 Complaint filed by Bryant H. Harvey, Jr. Clerk modified docket entry to show correct filing date of 1/9/20. No further action is required by the filer in relation to this notification. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
MOTION for Recruitment of Counsel by Bryant H. Harvey, Jr. (jsm2)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Bryant H. Harvey, Jr. (jsm2)
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Filing 1
COMPLAINT against All Defendants filed by Bryant H. Harvey, Jr.(jsm2) Modified on 1/10/2020 (jsm2).
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