Hoskins v. Chapman et al
| Joshua Lee Hoskins |
| Chapman, Rueter, Jeffery Dennison, Nathan Chapman and Jana Rueter |
| 3:2020cv00508 |
| June 1, 2020 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Nancy J Rosenstengel |
| Gilbert C Sison |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on April 21, 2022. A more recent docket listing may be available from PACER.
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Filing 42
ANSWER to #1 Complaint by Jana Rueter.(Kinkade, Jaclyn)
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Filing 41
ANSWER to #1 Complaint by Nathan Chapman.(Kinkade, Jaclyn)
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Filing 40
ORDER Denying #34 MOTION for Order to filed by Joshua Lee Hoskins, #39 MOTION filed by Joshua Lee Hoskins, #38 MOTION filed by Joshua Lee Hoskins, #36 MOTION filed by Joshua Lee Hoskins. Plaintiff asks the Court to order officials at Pinckneyville to deduct money from his trust fund account for his filing fee. (Docs. #34 , #39 ). In the order granting Plaintiffs motion to proceed in forma pauperis, the agency having custody of Plaintiff was ordered to forward payments to the Court as appropriate. It is unnecessary to issue a separate order to Pinckneyville Correctional Center reminding them of their continuing duty. Plaintiff also asks the Court to order the Warden of Pinckneyville to assist Plaintiff in addressing issues unrelated to this action through the prison's grievance process. (Doc. #38 ). The Court does not interfere with administrative matters at correctional facilities and will not instruct prison officials on how to address issues raised in their grievance process. Finally, Plaintiff asks the Court for permission to produce evidence on the issue of exhaustion during an evidentiary hearing, should one occur in the future, rather than by filing it with the Court. (Doc. #36 ). The issue of exhaustion is not before the Court currently, and no evidentiary hearing is scheduled. As such, Plaintiffs request is premature. Should a motion be filed in the future, Plaintiff may include any evidence he has with his response. Signed by Magistrate Judge Gilbert C. Sison on 7/27/2020. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 37
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #35 Motion for Miscellaneous Relief filed by Joshua Lee Hoskins. Document contained 2 separate Motions. Motions have been filed separately. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 36
MOTION for Court to Allow Plaintiff to Mail or Produce Grievance by Joshua Lee Hoskins. (jsm2)
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Filing 39
MOTION Regarding Filing Fee by Joshua Lee Hoskins. (jsm2)
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Filing 38
MOTION for the Court to Assist Plaintiff by Joshua Lee Hoskins. (jsm2)
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Filing 35
STRICKEN - MOTION for the Court to Assist Plaintiff by Joshua Lee Hoskins. (jsm2) Modified on 7/24/2020 (jsm2).
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Filing 34
MOTION for Order to the Place of Incarceration by Joshua Lee Hoskins. (jsm2)
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Filing 33
RESPONSE in Opposition re #7 MOTION for Preliminary Injunction filed by Jeffery Dennison. (Powell, Jennifer)
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Filing 32
INITIAL SCHEDULING ORDER: Dispositive Motions re Exhaustion of Administrative Remedies due by 9/21/2020. Signed by Magistrate Judge Gilbert C. Sison on 7/21/2020. (kll)
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Filing 31
VIDEO WRIT ISSUED as to Joshua Lee Hoskins, R54570 to be held 8/17/2020 at 1:30 p.m. by Magistrate Judge Gilbert C. Sison. (dmw2)
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Filing 30
ORDER Setting Hearing on Motion #7 MOTION for Preliminary Injunction: Motion Hearing set for 8/17/2020 at 1:30 PM via Zoom video conferencing before Magistrate Judge Gilbert C. Sison. The parties will receive the appropriate Zoom invite from the Court via email. The Clerk is directed to issue a writ for Plaintiff's appearance via video. Signed by Magistrate Judge Gilbert C. Sison on 7/7/2020. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 29
REPLY to Response to Motion re #7 MOTION for Preliminary Injunction filed by Joshua Lee Hoskins. (amv)
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Filing 28
NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Gilbert C. Sison is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 20-508-GCS. Any District Judge previously assigned will no longer be assigned to this case. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Kinkade, Jaclyn) Modified on 6/30/2020 (kdw).
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Filing 26
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Powell, Jennifer)
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Filing 25
ORDER granting #23 Motion for Extension of Time to File Response/Reply re #7 MOTION for Preliminary Injunction. Responses due by 7/24/2020. Signed by Chief Judge Nancy J. Rosenstengel on 6/26/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 24
RESPONSE to Motion re #7 MOTION for Preliminary Injunction filed by Chapman, Rueter. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kinkade, Jaclyn)
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Filing 23
MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Preliminary Injunction by Jeff Dennison. (Powell, Jennifer)
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Filing 22
NOTICE FROM CLERK Instructing Jeffrey Dennison 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 Jeffrey Dennison on 06/19/2020. Consent due by 7/10/2020 (kdw)
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Filing 21
NOTICE of Appearance by Jennifer Renee Powell on behalf of Jeff Dennison (Powell, Jennifer)
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Filing 20
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 $2.66. 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 send a copy of this Order to the Trust Fund Officer at the Pinckneyville Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 6/17/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 19
ORDER granting #18 Motion to Supplement. The Court will consider the additional arguments raised in the motion to supplement. Signed by Chief Judge Nancy J. Rosenstengel on 6/16/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
MOTION to Supplement by Joshua Lee Hoskins. (dsw)
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Filing 17
Prisoner Trust Fund Account Statement by Joshua Lee Hoskins. (jsm2)
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Filing 16
NOTICE FROM CLERK Instructing Nathan Chapman and Jana Rueter 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 Nathan Chapman and Jana Rueter on 06/09/2020. Consent due by 6/30/2020 (kdw)
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Filing 15
ORDER granting #14 Motion for Protective Order. Signed by Chief Judge Nancy J. Rosenstengel on 6/9/2020. (anp)
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Filing 14
MOTION for Protective Order by Chapman, Rueter. (Kinkade, Jaclyn)
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Filing 13
DEMAND for Trial by Jury by Chapman, Rueter. (Kinkade, Jaclyn)
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Filing 12
NOTICE of Appearance by Jaclyn A. Kinkade on behalf of Chapman, Rueter (Kinkade, Jaclyn)
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Filing 11
NOTICE of Appearance by Timothy P. Dugan on behalf of Chapman, Rueter (Dugan, Timothy)
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Filing 10
WAIVER OF SERVICE Returned Executed Chapman waiver sent on 6/4/2020, answer due 8/3/2020; Jeff Dennison waiver sent on 6/4/2020, answer due 8/3/2020; Rueter waiver sent on 6/4/2020, answer due 8/3/2020. (tjk)
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Set/Reset Deadlines as to #7 MOTION for Preliminary Injunction.( Responses due by 6/25/2020) (kdw)
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Filing 9
REQUEST FOR WAIVER of Service sent to Chapman, Dennison, and Rueter on 6/4/2020. Waiver of Service due by 7/6/2020. (tjk)
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Filing 8
Order for Service of Process upon Chapman, Rueter, and Jeff Dennison. Jeff Dennison is added, in his official capacity only, for purposes of implementing any injunctive relief. Chapman and Dennison are DIRECTED to respond to Plaintiff's motion for preliminary injunction by 6/25/2020. Signed by Chief Judge Nancy J. Rosenstengel on 6/4/2020. (anp)
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Filing 7
MOTION for an Urgent Preliminary Injunction by Joshua Lee Hoskins. (jsm2)
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Filing 6
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
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Filing 5
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 12/1/2019 to 6/1/2020 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. 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). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Pinckneyville Correctional Center. (Trust Fund Statement due on or before 7/17/2020). Signed by Chief Judge Nancy J. Rosenstengel on 6/2/2020. (tjk)
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Filing 4
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 06/01/2020. Consent due by 6/22/2020.(jsm2)
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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-508-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 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 Chief Judge Nancy J. Rosenstengel on 6/1/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Joshua Lee Hoskins. (jsm2)
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Filing 1
COMPLAINT against All Defendants filed by Joshua Lee Hoskins.(jsm2)
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