Pierce v. Illinois Department of Correction et al
Plaintiff: Aaron Pierce
Defendant: Lt. Hubler, Illinois Department of Correction, Keith Hubler, Rob Jeffery and Pinckneyville Correctional Center
Case Number: 3:2020cv00721
Filed: July 23, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2020 Opinion or Order Filing 30 Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Status Conference held on 9/17/2020 by video conference. Aaron Pierce and Ashley Walker participated. (Court Reporter Stephanie Rennegarbe.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 16, 2020 Opinion or Order Filing 29 ORDER denying #24 Motion for Recruitment of Counsel. Signed by Chief Judge Nancy J. Rosenstengel on 9/16/2020. (anp)
September 16, 2020 Opinion or Order Filing 28 ORDER re #25 Response filed by Aaron Pierce. To the extent that Plaintiff has concerns over whether he has received money in his trust fund account, he would need to seek that information from the prison. Plaintiff also requests a docket number but it is not clear what docket number he seeks. Plaintiff has two cases: this case (Case No. 20-721) and Pierce v. Youngmen, Case No. 20-cv-888-NJR. Finally, to the extent Plaintiff seeks to correct Defendant Hufler's name on the docket, Hufler has identified himself by his proper name Keith Hubler (Doc. 21). The Clerk is DIRECTED to CORRECT the docket to reflect Defendant's proper name. Plaintiff is reminded that, in the future, he must file a formal motion in order to seek any relief from the Court. Signed by Chief Judge Nancy J. Rosenstengel on 9/16/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 16, 2020 Opinion or Order Filing 27 NOTICE by Lt. Hufler, Rob Jeffery re #13 Letter (Attachments: #1 Exhibit A)(Walker, Ashley)
September 14, 2020 Opinion or Order Filing 26 SUPPLEMENT by Aaron Pierce. Supplement to #1 Complaint. (jaj)
September 2, 2020 Opinion or Order Filing 25 RESPONSE to 22 Notice and Order filed by Aaron Pierce. (jaj)
September 2, 2020 Opinion or Order Filing 24 MOTION for Recruitment of Counsel by Aaron Pierce. (jaj)
August 25, 2020 Opinion or Order Filing 23 AMENDED VIDEO WRIT ISSUED as to Aaron Pierce M15200 to be held September 17, 2020 at 3:00 PM before Chief Judge Nancy J. Rosenstengel. (drb)
August 25, 2020 Opinion or Order Filing 22 AMENDED NOTICE AND ORDER: The Court has been advised that plaintiff is unable to appear for the status conference as currently set. Status conference is RESET for September 17, 2020 at 3:00 PM. IDOC and the Warden of Pinckneyville Correctional Center shall arrange to have Aaron Pierce M15200 present via video conference at that date/time to appear before Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 8/25/2020. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 24, 2020 Opinion or Order Filing 21 NOTICE of Appearance by Ashley M. Walker on behalf of Lt. Hufler (Walker, Ashley)
August 24, 2020 Opinion or Order Filing 20 NOTICE of Appearance by Ashley M. Walker on behalf of Rob Jeffery (Walker, Ashley)
August 20, 2020 Opinion or Order Filing 19 WAIVER OF SERVICE Returned Executed Rob Jeffery waiver sent on 8/20/2020, answer due 10/19/2020. (tjk)
August 20, 2020 Opinion or Order Filing 18 VIDEO WRIT ISSUED as to Aaron Pierce M15200 to be held September 8, 2020 at 10:30 AM with Chief Judge Nancy J. Rosenstengel. (drb)
August 20, 2020 Opinion or Order Filing 17 NOTICE AND ORDER: IDOC and the Warden of Pinckneyville Correctional Center shall arrange to have Aaron Pierce M15200 present via video conference on September 8, 2020 at 10:30 AM for a status conference with Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 8/20/2020. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 20, 2020 Opinion or Order Filing 16 WAIVER OF SERVICE Returned Executed Lt. Hufler waiver sent on 8/20/2020, answer due 10/19/2020. (tjk)
August 20, 2020 Opinion or Order Filing 15 REQUEST FOR WAIVER of Service sent to Jeffreys and Hufler on 8/20/2020. Waiver of Service due by 9/21/2020. (tjk)
August 19, 2020 Opinion or Order Filing 14 Order for Service of Process upon Lt. Hufler and Rob Jeffrey (official capacity only), DENYING #9 MOTION to Appoint Counsel filed by Aaron Pierce. IDOC and Pinckneyville Correctional Center are DISMISSED with prejudice. Rob Jeffrey is DIRECTED to respond to Plaintiff's recent letter regarding transfer (Doc. 13) by 9/2/2020. A status conference on the issue will be set by separate notice. Signed by Chief Judge Nancy J. Rosenstengel on 8/19/2020. (anp)
August 18, 2020 Opinion or Order Filing 13 Letter from Plaintiff (drb)
August 3, 2020 Opinion or Order 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 $1.33. 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 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 8/3/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 30, 2020 Opinion or Order Filing 11 ORDER finding as moot #5 Motion to Add 2 names to the Complaint. Plaintiff cannot modify the parties or allegations in his Complaint in a piecemeal fashion; the proper method is to file an Amended Complaint which Plaintiff has now done (See Doc. 10). Signed by Chief Judge Nancy J. Rosenstengel on 7/30/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 30, 2020 Opinion or Order Filing 10 AMENDED COMPLAINT against All Defendants filed by Aaron Pierce.(jaj)
July 30, 2020 Opinion or Order Filing 9 MOTION to Appoint Counsel by Aaron Pierce. (jaj)
July 30, 2020 Opinion or Order Filing 8 MOTION for Leave to Proceed in forma pauperis by Aaron Pierce. (jaj)
July 28, 2020 Opinion or Order Filing 7 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned Chief Judge Nancy J. Rosenstengel. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 28, 2020 Opinion or Order Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
July 28, 2020 Opinion or Order Filing 5 MOTION to Add 2 names to #1 Complaint by Aaron Pierce. (jaj)
July 23, 2020 Opinion or Order 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 07/23/2020. Consent due by 8/13/2020.(jsm2)
July 23, 2020 Opinion or Order 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-721-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 7/23/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 23, 2020 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Aaron Pierce. (jsm2)
July 23, 2020 Opinion or Order Filing 1 COMPLAINT against All Defendants, filed by Aaron Pierce.(jsm2)

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Plaintiff: Aaron Pierce
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Defendant: Lt. Hubler
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Defendant: Illinois Department of Correction
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Defendant: Keith Hubler
Represented By: Ashley M. Walker
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Defendant: Rob Jeffery
Represented By: Ashley M. Walker
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Defendant: Pinckneyville Correctional Center
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