Ezebuiroh v. Doe 1
| Jerry B. Ezebuiroh |
| Jane Doe 1, Allison Alexander and Marion County Sheriff |
| 3:2020cv00228 |
| March 2, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 29 NOTICE OF MODIFICATION re 27 Notice of Case Assignment/Reassignment. Consent/Non-Consent form was attached to document 27 in error. Document attached is to be deleted. No further action is required by the filer in relation to this notification. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 28 NOTICE REGARDING FILING re #26 Consent/Non-Consent to US Magistrate Judge. Other: Consent/Non-Consent to US Magistrate Judge is a fillable documents. Fillable documents should be converted to non-fillable PDF before filing on CM/ECF. This notice is sent for informational purposes only. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 27 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned J. Phil Gilbert. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kdw) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 26 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Corbett, Daniel) |
| Filing 25 NOTICE: Marion County Sheriff was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Marion County Sheriff shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 5/1/2020 (kdw) |
Filing 24
ORDER GRANTING in part and DENYING in part #23 Motion to Substitute Defendants. Plaintiff has identified Jane Doe 1 (Nurse) as Allison Alexander, and the Clerk of Court is DIRECTED to SUBSTITUTE Nurse ALLISON ALEXANDER in place of Jane Doe 1 in CM/ECF. However, he has not named the unknown jail administrator as a defendant in the Complaint, so his request to identify that individual as a defendant in the Complaint and in CM/ECF is DENIED. Signed by Judge J. Phil Gilbert on 4/22/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 MOTION for Substitution by Jerry B. Ezebuiroh. (jsm2) |
| Filing 22 NOTICE FROM CLERK Instructing Marion County Sheriff 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 Marion County Sheriff on 04/02/2020. Consent due by 4/23/2020 (kdw) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Marion County Sheriff. Marion County Sheriff waiver sent on 3/17/2020, answer due 5/18/2020. (Corbett, Daniel) |
| Filing 20 NOTICE of Appearance by Daniel T. Corbett on behalf of Marion County Sheriff (Corbett, Daniel) |
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Filing 19
ORDER DENYING #15 Motion for Release on Own Recognizance. Plaintiff should file this motion in his criminal case. The Court has no jurisdiction to grant release from confinement in an action brought pursuant to 42 U.S.C. 1983. Signed by Judge J. Phil Gilbert on 3/27/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
ORDER DENYING #14 Motion to Substitute Party. Plaintiff has not identified the name of the individual who should be substituted in place of Defendant Unknown Nurse Jane Doe #1. The Court notes that "Nurse Alyssa" is mentioned at the bottom of the motion. If Plaintiff wishes to substitute this individual in place of the generic designation for Defendant Unknown Nurse Jane Doe #1 in the case caption and throughout the Complaint, Plaintiff may file a new Motion for Substitution seeking this relief. Signed by Judge J. Phil Gilbert on 3/27/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
ORDER DENYING #13 Motion for Emergency Transfer. Plaintiff is not entitled to relief under Fed. R. Civ. P. 65(b). He seeks a jail transfer based on miscellaneous acts of staff retaliation by non-parties. Nurse Jane Doe carried out none of these alleged acts of misconduct, and the misconduct is entirely unrelated to this action. Further, there appears to be no nexus between the misconduct alleged and the decision to file this lawsuitbeyond a bald assertion to that effect. The Motion is DENIED. Signed by Judge J. Phil Gilbert on 3/27/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 16
ORDER DEFERRING RULING on #12 Motion for Recruitment of Counsel until after the status conference which will be scheduled in this matter as soon as practicable. Signed by Judge J. Phil Gilbert on 3/27/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 MOTION Release on Own Recognizance by Jerry B. Ezebuiroh. (jsm2) |
| Filing 14 MOTION to Substitute Party by Jerry B. Ezebuiroh. (jsm2) |
| Filing 13 MOTION for Emergency Transfer by Jerry B. Ezebuiroh. (jsm2) |
| Filing 12 MOTION for Recruitment of Counsel by Jerry B. Ezebuiroh. (jsm2) |
| Filing 11 REQUEST FOR WAIVER of Service sent to Marion County Sheriff on 3/17/2020. Waiver of Service due by 4/16/2020. (jaj) |
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Filing 10
HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 3/17/2020. (jaj)
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Filing 9
ORDER FOR SERVICE OF PROCESS on MARION COUNTY SHERIFF (official capacity only) and JANE DOE 1 (once identified); DENYING #3 Motion for Recruitment of Counsel; and DENYING #7 Motion for Emergency Transfer without prejudice. COUNTS 1 and 2 will proceed against JANE DOE 1. Pursuant to Administrative Order No. 244, Defendant Jane Doe 1 should only respond to the issues stated in this Merits Review Order. The CLERK is directed to ADD the MARION COUNTY SHERIFF (official capacity only) as a party to this action in CM/ECF for purposes of identifying Nurse Jane Doe 1 and carrying out any injunctive relief ordered. Marion County Sheriff must only enter his/her appearance and will receive further instructions on discovery at a later date. Because the case involves medical claims, the Clerk is DIRECTED to enter a HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 3/17/2020. (jsy)
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| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
| Filing 7 MOTION for Emergency Transfer to Carlyle Illinois by Jerry B. Ezebuiroh. (jsm2) |
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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 $28.33. 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 Marion County Law Enforcement Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 3/9/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 NOTICE FROM CLERK Instructing Plaintiff 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 Plaintiff on 03/02/2020. Consent due by 3/23/2020. (jsm2) |
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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 20-cv-228-JPG. 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 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. 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 J. Phil Gilbert on 3/2/2020. (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 Jerry B. Ezebuiroh. (jsm2) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jerry B. Ezebuiroh. (jsm2) |
| Filing 1 COMPLAINT against Jane Doe 1 filed by Jerry B. Ezebuiroh.(jsm2) |
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