Hoskins v. Swisher et al
| Joshua Lee Hoskins |
| Mr. Dudek, A. Williams, Mr. Wannack, G. Hale, Mr. Kulich, Mr. Meracle, Mr. Grove, Mr. Adams, Charles Swisher, Mr. Brooke, C. Wall, Mr. Petitjean, Mr. Heck, Mr. Love, Mr. VanDekerove, Mr. Mumbower, Mr. Lively, Daniel J. Harriss, Jeff Dennison and Mr. Brock |
| 3:2020cv00533 |
| June 5, 2020 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
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Filing 23
NOTICE FROM CLERK Instructing Charles Swisher, Mr. Mumbower, Mr. Love, Mr. Grove, Mr. Heck, Daniel J. Harriss, Mr. Meracle, Mr. Dudek, Mr. VanDerkerove, G. Hale, Mr. Pettjean, A. Williams, Mr. Adams, Mr. Brock, C. Wall, Mr. Kulich, Mr. Wannack, Mr. Lively, and Jeff 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 Charles Swisher, Mr. Mumbower, Mr. Love, Mr. Grove, Mr. Heck, Daniel J. Harriss, Mr. Meracle, Mr. Dudek, Mr. VanDerkerove, G. Hale, Mr. Pettjean, A. Williams, Mr. Adams, Mr. Brock, C. Wall, Mr. Kulich, Mr. Wannack, Mr. Lively, and Jeff Dennison on 7/29/2020. Consent due by 8/19/2020 (kls3)
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Filing 22
NOTICE of Appearance by Ashley M. Walker on behalf of Mr. Adams, Mr. Brock, Jeff Dennison, Mr. Dudek, Mr. Grove, G. Hale, Daniel J. Harriss, Mr. Heck, Mr. Kulich, Mr. Lively, Mr. Love, Mr. Meracle, Mr. Mumbower, Mr. Petitjean, Charles Swisher, Mr. VanDekerove, C. Wall, Mr. Wannack, A. Williams (Walker, Ashley)
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Filing 21
MOTION for the Court to Assist Plaintiff in Getting Administrative Remedies Exhausted and Initial Filing Fees Paid by Joshua Lee Hoskins. (jaj)
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Filing 20
WAIVER OF SERVICE Returned Executed Mr. Love waiver sent on 6/9/2020, answer due 8/10/2020; A. Williams waiver sent on 6/9/2020, answer due 8/10/2020. (tjk)
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Filing 19
Prisoner Trust Fund Account Statement by Joshua Lee Hoskins. (jaj)
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Filing 18
WAIVER OF SERVICE Returned Executed Mr. Kulich waiver sent on 6/9/2020, answer due 8/10/2020. (tjk)
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Filing 17
ORDER granting #16 Motion to Clarify. The Clerk is DIRECTED to modify the docket sheet to reflect the correct spelling of Mr. Brocke's name as Mr. Brock. Signed by Chief Judge Nancy J. Rosenstengel on 6/19/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 16
MOTION for Clarification by Joshua Lee Hoskins. (cds)
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Filing 15
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 Chief Judge Nancy J. Rosenstengel 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 14
Prisoner Trust Fund Account Statement by Joshua Lee Hoskins. (jsm2)
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Filing 13
WAIVER OF SERVICE Returned Executed Charles Swisher waiver sent on 6/9/2020, answer due 8/10/2020. (tjk)
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Filing 12
WAIVER OF SERVICE Returned Executed Mr. Adams waiver sent on 6/9/2020, answer due 8/10/2020; Mr. Brocke waiver sent on 6/9/2020, answer due 8/10/2020; Jeff Dennison waiver sent on 6/9/2020, answer due 8/10/2020; Mr. Dudek waiver sent on 6/9/2020, answer due 8/10/2020; Mr. Grove waiver sent on 6/9/2020, answer due 8/10/2020; G. Hale waiver sent on 6/9/2020, answer due 8/10/2020; Daniel J. Harriss waiver sent on 6/9/2020, answer due 8/10/2020; Mr. Heck waiver sent on 6/9/2020, answer due 8/10/2020; Mr. Lively waiver sent on 6/9/2020, answer due 8/10/2020; Mr. Meracle waiver sent on 6/9/2020, answer due 8/10/2020; Mr. Mumbower waiver sent on 6/9/2020, answer due 8/10/2020; Mr. Petitjean waiver sent on 6/9/2020, answer due 8/10/2020; Mr. VanDekerove waiver sent on 6/9/2020, answer due 8/10/2020; C. Wall waiver sent on 6/9/2020, answer due 8/10/2020; Mr. Wannack waiver sent on 6/9/2020, answer due 8/10/2020. (tjk)
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Filing 11
ORDER granting #10 Motion to Clarify Litigation History. Signed by Chief Judge Nancy J. Rosenstengel on 6/10/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
MOTION for Clarification by Joshua Lee Hoskins. (jsm2)
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Filing 9
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
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Filing 8
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 6/5/2020 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 7/24/2020). Signed by Chief Judge Nancy J. Rosenstengel on 6/9/2020. (tjk)
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Filing 7
REQUEST FOR WAIVER of Service sent to Swisher, Brocke, Harriss, Hale, Wall, Mumbower, Meracle, Petitjean, Kulich, Love, Dudek, Williams, Wanack, Grove, Vandekerove, Adams, Lively, Heck, and Dennison on 6/9/2020. Waiver of Service due by 7/9/2020. (tjk)
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Set/Reset Deadlines as to #3 MOTION for Preliminary Injunction. Responses due by 6/29/2020, per Order at Doc. 6. (kls3)
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Filing 6
Order: The Complaint survives preliminary review pursuant to Section 1915A. The Clerk of Court is directed to ADD Warden Jeff Dennison as a defendant, in his official capacity only, and to serve process in accordance with this Order upon Swisher, Brocke, Harriss, Hale, Wall, Mumbower, Meracle, Petitjean, Kulich, Love, Dudek, Williams, Wanack, Grove, Vandekerove, Adams, Lively, Heck, and Dennison. The Motion for Urgent Preliminary Injunction (Doc. 3) shall remain pending, and Defendants are DIRECTED to respond to the motion by June 29, 2020. Signed by Chief Judge Nancy J. Rosenstengel on 6/8/2020. (jrj)
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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 6/5/20. Consent due by 6/26/2020 (amv)
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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 20-533-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. 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 6/5/2020. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
MOTION for Urgent Preliminary Injunction by Joshua Lee Hoskins. (amv)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Joshua Lee Hoskins. (amv)
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Filing 1
COMPLAINT against All Defendants, filed by Joshua Lee Hoskins.(amv)
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