Hoskins v. Swisher et al
| Joshua Hoskins |
| Officer Tomshack, Lieutenant Baker, A. Williams, Officer Finely, Officer Justice, Major Adams, Sergeant Cooley, Sergeant Dudek, Officer Jurkowski, Lieutenant Petitjean, Officer Bennett, Lieutenant Mumbower, Sergeant Peek, Officer Hermann, Lieutenant Johnson, Daniel J. Harriss, Michael Bailey, Sergeant Oleary, Lieutenant Heck, J. Rueter, Sergeant Bedford, Charles Swisher, C. Wall, Sergeant Wanack, Officer Rodman, Lieutenant Meracle, Major Lively, Lieutenant Frank, Lieutenant Wangler, Officer Bell, Officer Kullch, Lieutenant Shirley and G. Hale |
| 3:2020cv00522 |
| June 3, 2020 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42:1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 21 NOTICE FROM CLERK Instructing Major Adams, Michael Bailey, Lieutenant Baker, Sergeant Bedford, Officer Bell, Officer Bennett, Sergeant Cooley, Sergeant Dudek, Officer Finely, Lieutenant Frank, G. Hale, Daniel J. Harriss, Lieutenant Heck, Officer Hermann, Lieutenant Johnson, Officer Jurkowski, Officer Justice, Officer Kullch, Major Lively, Lieutenant Meracle, Lieutenant Mumbower, Sergeant Oleary, Sergeant Peek, Lieutenant Petitjean, Officer Rodman, Lieutenant Shirley, Charles Swisher, Officer Tomshack, C. Wall, Sergeant Wanack, Lieutenant Wangler, A. Williams 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 Major Adams, Michael Bailey, Lieutenant Baker, Sergeant Bedford, Officer Bell, Officer Bennett, Sergeant Cooley, Sergeant Dudek, Officer Finely, Lieutenant Frank, G. Hale, Daniel J. Harriss, Lieutenant Heck, Officer Hermann, Lieutenant Johnson, Officer Jurkowski, Officer Justice, Officer Kullch, Major Lively, Lieutenant Meracle, Lieutenant Mumbower, Sergeant Oleary, Sergeant Peek, Lieutenant Petitjean, Officer Rodman, Lieutenant Shirley, Charles Swisher, Officer Tomshack, C. Wall, Sergeant Wanack, Lieutenant Wangler, A. Williams on 7/30/20. Consent due by 8/20/2020 (lmb) |
| Filing 20 NOTICE of Appearance by Ashley M. Walker on behalf of Major Adams, Michael Bailey, Lieutenant Baker, Sergeant Bedford, Officer Bell, Officer Bennett, Sergeant Cooley, Sergeant Dudek, Officer Finely, Lieutenant Frank, G. Hale, Daniel J. Harriss, Lieutenant Heck, Officer Hermann, Lieutenant Johnson, Officer Jurkowski, Officer Justice, Officer Kullch, Major Lively, Lieutenant Meracle, Lieutenant Mumbower, Sergeant Oleary, Sergeant Peek, Lieutenant Petitjean, Officer Rodman, Lieutenant Shirley, Charles Swisher, Officer Tomshack, C. Wall, Sergeant Wanack, Lieutenant Wangler, A. Williams (Walker, Ashley) |
| Filing 19 WAIVER OF SERVICE Returned Executed A. Williams waiver sent on 6/15/2020, answer due 8/14/2020. (tjk) |
| Filing 18 WAIVER OF SERVICE Returned Executed Sergeant Cooley waiver sent on 6/15/2020, answer due 8/14/2020. (jsm2) |
| Filing 17 WAIVER OF SERVICE Returned Executed Major Adams waiver sent on 6/15/2020, answer due 8/14/2020; Michael Bailey waiver sent on 6/15/2020, answer due 8/14/2020; Lieutenant Baker waiver sent on 6/15/2020, answer due 8/14/2020; Sergeant Bedford waiver sent on 6/15/2020, answer due 8/14/2020; Officer Bell waiver sent on 6/15/2020, answer due 8/14/2020; Officer Bennett waiver sent on 6/15/2020, answer due 8/14/2020; Sergeant Dudek waiver sent on 6/15/2020, answer due 8/14/2020; Officer Finely waiver sent on 6/15/2020, answer due 8/14/2020; Lieutenant Frank waiver sent on 6/15/2020, answer due 8/14/2020; G. Hale waiver sent on 6/15/2020, answer due 8/14/2020; Daniel J. Harriss waiver sent on 6/15/2020, answer due 8/14/2020; Lieutenant Heck waiver sent on 6/15/2020, answer due 8/14/2020; Officer Hermann waiver sent on 6/15/2020, answer due 8/14/2020; Lieutenant Johnson waiver sent on 6/15/2020, answer due 8/14/2020; Officer Justice waiver sent on 6/15/2020, answer due 8/14/2020; Officer Kullch waiver sent on 6/15/2020, answer due 8/14/2020; Major Lively waiver sent on 6/15/2020, answer due 8/14/2020; Lieutenant Meracle waiver sent on 6/15/2020, answer due 8/14/2020; Lieutenant Mumbower waiver sent on 6/15/2020, answer due 8/14/2020; Sergeant Oleary waiver sent on 6/15/2020, answer due 8/14/2020; Sergeant Peek waiver sent on 6/15/2020, answer due 8/14/2020; Lieutenant Petitjean waiver sent on 6/15/2020, answer due 8/14/2020; Officer Rodman waiver sent on 6/15/2020, answer due 8/14/2020; J. Rueter waiver sent on 6/15/2020, answer due 8/14/2020; Lieutenant Shirley waiver sent on 6/15/2020, answer due 8/14/2020; Charles Swisher waiver sent on 6/15/2020, answer due 8/14/2020; Officer Tomshack waiver sent on 6/15/2020, answer due 8/14/2020; C. Wall waiver sent on 6/15/2020, answer due 8/14/2020; Sergeant Wanack waiver sent on 6/15/2020, answer due 8/14/2020; Lieutenant Wangler waiver sent on 6/15/2020, answer due 8/14/2020. (tjk) |
| Filing 16 WAIVER OF SERVICE Returned Executed Officer Jurkowski waiver sent on 6/15/2020, answer due 8/14/2020. (jsm2) |
| Filing 15 MOTION for the Court to Reconsider Count 3 re #10 Order for Service by Joshua Hoskins. (jsm2) |
Filing 14
ORDER finding as moot #8 Motion for the Court to Immediately Conduct Merit Review and #13 Motion for Urgent Screening: The Complaint was screened on June 15, 2020, and Defendants are in the process of being served. Signed by Judge Staci M. Yandle on 6/16/2020. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 MOTION for Urgent Screening by Joshua Hoskins. (dsw) |
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Filing 12
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 $2.31. 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 Judge Staci M. Yandle on 6/16/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 REQUEST FOR WAIVER of Service sent to Swisher, Hale, Mumbower, Tomshack, Wangler, Adams, Heck, Frank, Rodman, Bennett, Kulich, Lively, Bell, Finley, Meracle, Johnson, Bailey, Harriss, Dudek, Wanack, Justice, Williams, Petitjean, Bedford, Jurkowski, Hermann, Baker, Cooley, OLeary, Shirley, Rueter, Peek and Wallon 6/15/2020. Waiver of Service due by 7/15/2020. (tjk) |
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Filing 10
ORDER: The Complaint (Doc. #1 ) survive screening in part. Plaintiff's Motion for Preliminary Injunction (Doc. #3 ) is DENIED without prejudice. The Clerk of Court shall prepare for Defendants Swisher, Hale, Mumbower, Tomshack, Wangler, Adams, Heck, Frank, Rodman, Bennett, Finley, Kulich, Lively, Bell, Finley, Meracle, Johnson, Bailey, Harriss, Dudek, Wanack, Justice, Williams, Petitjean, Bedford, Jurkowski, Hermann, Baker, Cooley, O'Leary, Shirley, Rueter, Peek and Wall. : (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail these forms, a copy of the Complaint, and this Memorandum and Order to Defendant's place of employment as identified by Plaintiff. Signed by Judge Staci M. Yandle on 6/15/2020. (bps)
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| Filing 9 Prisoner Trust Fund Account Statement by Joshua Hoskins. (jsm2) |
| Filing 8 MOTION for Court to Immediately Conduct Merit Review Showing Good Cause by Joshua Hoskins. (jsm2) |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
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Filing 6
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 6/3/2020 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 7/20/2020). Signed by Judge Staci M. Yandle on 6/4/2020. (tjk)
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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 06/03/2020. Consent due by 6/24/2020.(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-522-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 6/3/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Preliminary Injunction by Joshua Hoskins. (jsm2) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Joshua Hoskins. (jsm2) |
| Filing 1 COMPLAINT against All Defendants, filed by Joshua Hoskins.(jsm2) |
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