Hoskins v. Rueter et al
| Joshua Hoskins |
| C. Heck, Michael Bailey, Lieutenant Petitjean, Officer Lueker, Sergeant Peek, Officer Bell, Jana Rueter, Officer Swisher, Lieutenant Baker, Intel Officer Rodman, Sergeant Grove, Officer Mays, Lieutenant Wangler, Major Lively, Sergeant Dudek, Officer Hagston, C. Wall, David Brock, Lieutenant Shirley, G. Hale and Jeff Dennison |
| 3:2020cv00766 |
| August 6, 2020 |
| U.S. District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 23, 2021. A more recent docket listing may be available from PACER.
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Filing 28
VIDEO WRIT ISSUED as to Joshua Hoskins R54570 to be held October 20, 2020 at 2:30 PM by Chief Judge Nancy J. Rosenstengel. (drb)
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Filing 27
ORDER: A hearing as to #12 Motion for Preliminary Injunction is SET for 10/20/020 at 2:30 PM by video conference before Chief Judge Nancy J. Rosenstengel. IDOC and the Warden of Pinckneyville Correctional Center shall arrange to have Joshua Hoskins R54570 present by video conference at the specified date and time. A writ will be issued for plaintiff's appearance. Because this hearing will be held by video conference, full access to this hearing is available remotely. Instructions to join the hearing are as follows: Call toll free 1-877-336-1831, when prompted enter Access Code 9139610. Information regarding the video conference will be sent to counsel and the IDOC video coordinator. Signed by Chief Judge Nancy J. Rosenstengel on 10/1/2020. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 26
NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned 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). (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 25
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Shultz, Robert)
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Filing 24
ORDER finding as moot #23 Motion for Urgent Screening of Complaint and Preliminary Injunction. The Court has already conducted a merits review of Plaintiff's Complaint (Doc. 14). Further, Plaintiff already has a motion for preliminary injunction pending regarding his housing location. Thus, the Court construes this new motion as a reply brief to his original motion. The Court will set the original motion for hearing by separate notice. Signed by Chief Judge Nancy J. Rosenstengel on 9/28/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 23
MOTION for Urgent Screening of Complaint and Preliminary Injunction by Joshua Hoskins. (jsm2)
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Filing 22
NOTICE FROM CLERK Instructing Michael Bailey, Lieutenant Baker, Officer Bell, David Brock, Jeff Dennison, Sergeant Dudek, Sergeant Grove, Officer Hagston, G. Hale, C. Heck, Major Lively, Officer Lueker, Officer Mays, Sergeant Peek, Lieutenant Petitjean, Intel Officer Rodman, Lieutenant Shirley, Officer Swisher, C. Wall, Lieutenant Wangler 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 Michael Bailey, Lieutenant Baker, Officer Bell, David Brock, Jeff Dennison, Sergeant Dudek, Sergeant Grove, Officer Hagston, G. Hale, C. Heck, Major Lively, Officer Lueker, Officer Mays, Sergeant Peek, Lieutenant Petitjean, Intel Officer Rodman, Lieutenant Shirley, Officer Swisher, C. Wall, Lieutenant Wangler on 9/15/20. Consent due by 10/6/2020 (ack)
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Filing 21
NOTICE of Appearance by Robert Brandon Shultz on behalf of Michael Bailey, Lieutenant Baker, Officer Bell, David Brock, Jeff Dennison, Sergeant Dudek, Sergeant Grove, Officer Hagston, G. Hale, C. Heck, Major Lively, Officer Lueker, Officer Mays, Sergeant Peek, Lieutenant Petitjean, Intel Officer Rodman, Lieutenant Shirley, Officer Swisher, C. Wall, Lieutenant Wangler (Shultz, Robert)
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Filing 20
RESPONSE in Opposition re #12 MOTION for Preliminary Injunction filed by Jeff Dennison. (Attachments: #1 Exhibit Exhibit A)(Shultz, Robert)
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Filing 19
WAIVER OF SERVICE Returned Executed by Joshua Hoskins. Jana Rueter waiver sent on 8/26/2020, answer due 10/26/2020. (jsm2)
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Filing 18
WAIVER OF SERVICE Returned Executed David Brock waiver sent on 8/26/2020, answer due 10/26/2020; Sergeant Dudek waiver sent on 8/26/2020, answer due 10/26/2020; Major Lively waiver sent on 8/26/2020, answer due 10/26/2020; Officer Lueker waiver sent on 8/26/2020, answer due 10/26/2020; Officer Mays waiver sent on 8/26/2020, answer due 10/26/2020; Lieutenant Petitjean waiver sent on 8/26/2020, answer due 10/26/2020; Intel Officer Rodman waiver sent on 8/26/2020, answer due 10/26/2020; Lieutenant Shirley waiver sent on 8/26/2020, answer due 10/26/2020; C. Wall waiver sent on 8/26/2020, answer due 10/26/2020; Lieutenant Wangler waiver sent on 8/26/2020, answer due 10/26/2020. (tjk)
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Filing 17
WAIVER OF SERVICE Returned Executed Michael Bailey waiver sent on 8/26/2020, answer due 10/26/2020; Lieutenant Baker waiver sent on 8/26/2020, answer due 10/26/2020; Officer Bell waiver sent on 8/26/2020, answer due 10/26/2020; Sergeant Grove waiver sent on 8/26/2020, answer due 10/26/2020; Officer Hagston waiver sent on 8/26/2020, answer due 10/26/2020; G. Hale waiver sent on 8/26/2020, answer due 10/26/2020; C. Heck waiver sent on 8/26/2020, answer due 10/26/2020; Sergeant Peek waiver sent on 8/26/2020, answer due 10/26/2020; Officer Swisher waiver sent on 8/26/2020, answer due 10/26/2020. (tjk)
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Filing 16
WAIVER OF SERVICE Returned Executed Jeff Dennison waiver sent on 8/26/2020, answer due 10/26/2020. (tjk)
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Filing 15
REQUEST FOR WAIVER of Service sent to Defendants Rueter, Brock, Wall, Heck, Wangler, Bailey, Hale, Lueker, Shirley, Baker, Hagston, Peek, Grove, Swisher, Dudek, Mays, Bell, Lively, Petitjean, Rodman and Dennison on 8/26/2020. Waiver of Service due by 9/25/2020. (jaj)
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Filing 14
Order for Service of Process upon Jana Rueter, David Brock, C. Wall, C. Heck, Lieutenant Wangler, Michael Bailey, G. Hale, Officer Lueker, Lieutenant Shirley, Lieutenant Baker, Officer Hagston, Sergeant Peek, Sergeant Grove, Officer Swisher, Sergeant Dudek, Officer Mays, Officer Bell, Major Lively, Lieutenant Petitjean, Intel Officer Rodman, and Jeff Dennison (official capacity only). The Clerk is DIRECTED to add Jeff Dennison (official capacity only) for purposes of responding to the pending motion for preliminary injunction. Response to #12 MOTION for Preliminary Injunction due by 9/9/2020.. Signed by Chief Judge Nancy J. Rosenstengel on 8/26/2020. (anp)
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Filing 13
Initial Prisoner Filing Fee: $ 2.01 received, receipt number 34625103620 (ack)
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Filing 12
MOTION for Preliminary Injunction by Joshua Hoskins. (jsm2)
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Filing 11
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 $2.01. 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 8/17/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
Prisoner Trust Fund Account Statement. (jsm2)
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Filing 9
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 2/1/2020 to 8/6/2020 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 9/28/2020). Signed by Chief Judge Nancy J. Rosenstengel on 8/12/2020. (tjk)
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Filing 8
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
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Filing 7
ORDER finding as moot #3 Motion for Emergency Urgent Screening ; finding as moot #4 Motion to Consider and Reflect. As stated in the Court's Notice and Order 5 , the Court will conduct review of the Complaint within the next 60 days. Plaintiff fails to present any reason for an emergency screening of his Complaint. To the extent that his #4 Motion to Consider states that Mr. Thomas is not a defendant, the Court will take that into consideration when reviewing the Complaint. Signed by Chief Judge Nancy J. Rosenstengel on 8/7/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
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 08/06/2020. Consent due by 8/27/2020. (jsm2)
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Filing 5
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-766-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 8/6/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
MOTION to Consider and Reflect in Merit Review Order by Joshua Hoskins. (jsm2)
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Filing 3
MOTION for Emergency Urgent Screening of Complaint by Joshua Hoskins. (jsm2)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Joshua Hoskins. (jsm2)
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Filing 1
COMPLAINT against All Defendants, filed by Joshua Hoskins.(jsm2)
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