Hoskins v. Lueker et al
| Joshua Hoskins |
| C. Heck, Lieutenant Miller, Officer Tomshack, C/O Lueker, Lieutenant Baker, Major Adams, Sergeant Cooley, Sergeant Dudek, Lieutenant Petitjean, Lieutenant Mumbower, Lieutenant Wangler, Sergeant Grove, Officer Hermann, Officer Hagston, Daniel J. Harriss, Michael Bailey, C. Wall, Sergeant Wanack, C. Swisher, Lieutenant Meracle, Major Lively, Sergeant Peek, Officer Bell, Jana Rueter, C/O Mays, David Brock, Lieutenant Shirley, G. Hale, Officer Brock, Intel Officer Rodman, Lieutenant Johnson, James Groves and Charles Swisher |
| 3:2020cv00776 |
| August 10, 2020 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.
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Filing 20
Pursuant to Administrative Order No. 277, this case is transferred from Chief Judge Nancy J. Rosenstengel and reassigned to Judge Stephen P. McGlynn. Unless the newly assigned judge directs otherwise, all deadlines and hearing dates shall remain in effect. All future pleadings shall bear the case number 20-776-SPM. (lmb)
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Filing 19
ORDER denying #18 Motion for Preliminary Injunction. Plaintiff has filed a motion for preliminary injunction asking the Court to prohibit Defendants from housing him in R4, R3, or R5 cell house, restricting his ability to be assigned a job, and transferring him to Shawnee Correctional Center, Hill Correctional Center, Lawrence Correctional Center, or Western Illinois Correctional Center. The Motion is denied at this time, as he has not demonstrated that irreparable harm will result if the Court does not issue injunctive relief. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (discussing the standard for obtaining a preliminary injunction). Hoskin claims that on June 30, 2020, and July 13, 2020, in retaliation for filing grievances and lawsuits against staff at Pinckneyville Correctional Center, Defendant Rodman threatened him with a transfer to another medium security facility, restricting his ability to be assigned a job, and housing him in R4 house where he will be mistreated by staff. The Supreme Court has held that "[i]ssuing a preliminary injunction based only on a possibility of irreparable harm is inconsistent with our characterization of injunctive relief as an extraordinary remedy[.]" Winter, 555 U.S. at 22. Furthermore, "[a] speculative fear of injury is not a ground for an injunction." Wright v. Miller, 561 F. Appx 551, 554 (7th Cir. 2014). Other than the verbal threats made by Defendant Rodman made over two months prior to filing the Motion, Hoskins has not articulated any specific or imminent threat to his safety or irreparable injury, and thus, has not made the clear showing necessary to obtain preliminary injunctive relief. Signed by Chief Judge Nancy J. Rosenstengel on 9/24/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
MOTION for Preliminary Injunction by Joshua Hoskins. (jsm2)
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Filing 17
COMPLAINT against Defendants filed by Joshua Hoskins.(jsm2)
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Filing 16
Combined MOTIONS by Joshua Hoskins. (jsm2)
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Set Deadlines: Complaint due by 9/22/2020. (jsm2)
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Filing 15
ORDER STRIKING the #1 Complaint filed by Plaintiff Joshua Hoskins and DIRECTING Clerk to return the pleading to Plaintiff. Plaintiff commenced this action by filing a Complaint on August 10, 2020. The handwritten complaint is illegible. All pleadings presented for filing in this District must be "plainly typewritten, printed, or prepared by a clearly legible duplication process and double-spaced." See SDIL-LR 5.1(b). Further, "[t]he Court, in its discretion, may strike and direct the return of any defective pleading." SDIL-LR 8.1(b). Plaintiff's pleading is defective and is hereby STRICKEN. Plaintiff is ORDERED to file a legible copy of the pleading in this District within twenty-eight (28) days (on or before September 22, 2020). Failure to do so will result in dismissal of this action for want of prosecution or for failure to comply with a court order. Fed. R. Civ. P. 41(b). To enable Plaintiff to comply with this order, the CLERK is DIRECTED to mail Plaintiff a blank civil rights complaint form. Because the Complaint will be stricken, the #3 Motion for Emergency Screening of Complaint, the #4 Motion for the Court to Consider, and the #13 Motion for Preliminary Injunction are DENIED. See Fed. R. C. P. 3 ("[a] civil action is commenced by filing a complaint with the court."). If Plaintiff still seeks a preliminary injunction after filing an adequate complaint, he must file a new motion. Signed by Chief Judge Nancy J. Rosenstengel on 8/25/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
Initial Prisoner Filing Fee: $ 2.01 received, receipt number 34625103620 (ack)
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Filing 13
MOTION for Preliminary Injunction by Joshua Hoskins. (jsm2)
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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 $2.01. 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 11
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
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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 8/10/2020 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
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #7 Order. Incorrect document attached.(tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 7
ENTRY STRICKEN: 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 8/10/2020 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) Modified on 8/12/2020 (tjk).
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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 08/10/2020. Consent due by 8/31/2020. (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-776-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 8/10/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
MOTION for the Court to Consider in Merit Review Order by Joshua Hoskins. (jsm2)
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Filing 3
MOTION for Emergency 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
STRICKEN - COMPLAINT against All Defendants, filed by Joshua Hoskins.(jsm2) Modified on 8/26/2020 (jsm2).
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