Dunlap v. Illinois Department of Corrections et al
| Jimmie Dunlap |
| Illinois Department of Corrections, Wexford Health Service, Christian Brown, John Boldwin, Warden Thompson, John Trost, Timothy Adesanya, John Baldwin, Wexford Health Services, Inc., Billy Goodman and Bobby Blum |
| 3:2020cv00462 |
| May 18, 2020 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.
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Filing 19
ORDER. Plaintiff's Motions for Reconsideration of his Motion for Recruitment of Counsel (Docs. #15 , #16 ) are DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court conducts a preliminary review of the Complaint under 28 U.S.C. 1915A, which requires the Court to screen prisoner Complaints to filter out nonmeritorious claims. 28 U.S.C. 1915A(a). Here, Plaintiff's Complaint was dismissed for failure to state a claim and he has been granted leave to file an Amended Complaint, which will be subject to review under 1915A. Civil litigants do not have a constitutional or statutory right to counsel. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). A district court considering an indigent plaintiff's request for counsel must first consider whether the plaintiff has made reasonable attempts to secure counsel on his own, and, if so, whether the difficulty of the case factually and legally exceeds his capacity as a layperson to present it. Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013)(citing Pruitt, 503 F.3d at 654). Although Plaintiff provides rejection letters from several attorneys, he indicates he has written to other attorneys and is awaiting replies. While responses to Plaintiff's requests are pending his request for recruitment of counsel is premature. Signed by Judge Staci M. Yandle on 7/15/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
ORDER STRIKING #17 Affidavit. Plaintiff has filed an Affidavit of Sonia Evans that is not an exhibit to any pleading. Additionally, Plaintiff provided no explanation as to why it should be filed with the Court. The Affidavit is, therefore, STRICKEN. Signed by Judge Staci M. Yandle on 7/15/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 STRICKEN - AFFIDAVIT by Jimmie Dunlap. (jsm2) Modified on 7/16/2020 (jsm2). |
| Filing 16 MOTION to Reconsider re #9 Order by Jimmie Dunlap. (jsm2) |
| Filing 15 MOTION to Reconsider re #9 Order by Jimmie Dunlap. (jsm2) |
| Filing 14 FIRST AMENDED COMPLAINT against Defendants filed by Jimmie Dunlap.(jsm2) |
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Filing 13
ORDER denying #11 Motion for Reconsideration. Although the title of Plaintiff's motion indicates he is seeking reconsideration of the Court's order denying his motion for recruitment of counsel, his request is for additional time to provide information to the Court. Plaintiff's motion for recruitment of counsel was denied because he had not demonstrated reasonable attempts to secure counsel on his own. (See Doc. #9 ). Plaintiff believes he has a deadline of July 22, 2020 to provide the Court with proof of his efforts to obtain counsel and seeks additional time to do so. Plaintiff is mistaken. When the Court denied his motion for recruitment of counsel, Plaintiff was advised that he could renew his request for counsel after attempting to locate counsel on his own. He was further advised that if he chooses to file another motion for recruitment of counsel, he should provide rejection letters from at least three attorneys to prove that he has made reasonable efforts to obtain counsel. There is no pending deadline to be extended and, therefore, the motion is DENIED as moot. Signed by Judge Staci M. Yandle on 7/9/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
ORDER finding as moot #10 Motion for Leave to File First Amended Complaint. On June 22, 2020, Plaintiff was granted leave to file a First Amended Complaint by July 22, 2020. (Doc. #9 ). Signed by Judge Staci M. Yandle on 7/8/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 MOTION for Reconsideration re #9 Order by Jimmie Dunlap. (jsm2) |
| Filing 10 MOTION for Leave to File First Amended Complaint by Jimmie Dunlap. (jsm2) |
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Filing 9
ORDER. This matter does not survive 28 U.S.C. 1915A review, and the Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. The Illinois Department of Corrections is DISMISSED with prejudice and the Clerk of Court is DIRECTED to TERMINATE it as a party in this action in CM/ECF. Plaintiff is GRANTED leave to file a First Amended Complaint on or before July 22, 2020. If Plaintiff fails to file his First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the entire case shall be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. Plaintiff's Motion for Recruitment of Counsel (Doc. #3 ) is DENIED without prejudice and the Motion for Protective Order (Doc. #8 ) is DENIED as moot. Signed by Judge Staci M. Yandle on 6/22/2020. (ksp)
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| Filing fee: $400.00, receipt number 34625102112 (rah) |
| Filing 8 MOTION for Miscellaneous Relief by Jimmie Dunlap. (jsm2) |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
| Set/Reset Deadlines: Action due by 6/19/2020. (jsm2) |
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Filing 6
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #2 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. Section 1915(a)(1). The Court is not satisfied from Dunlap's affidavit that he is indigent. Plaintiff's trust fund account balance as of May 1, 2020 was $1166.86 (Doc. #2 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Plaintiff shall pay the $400.00 filing fee no later than June 19, 2020. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Signed by Judge Staci M. Yandle on 5/20/2020. (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 05/18/2020. Consent due by 6/8/2020. (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-462-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 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 Staci M. Yandle on 5/18/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Appointment of Counsel by Jimmie Dunlap. (jsm2) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jimmie Dunlap. (jsm2) |
| Filing 1 COMPLAINT against All Defendants filed by Jimmie Dunlap.(jsm2) |
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