Fowler v. Keefer et al
Plaintiff: Peter Fowler
Defendant: C/O Keefer, Internal Affairs Borwin, Supervisor Allsup, Internal Affairs Childrens and Anthony Wills
Case Number: 3:2020cv00856
Filed: August 31, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: David W Dugan
Referring Judge: Staci M Yandle
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2020 Opinion or Order Filing 25 ORDER: Plaintiff's MOTION for Extension of Time to File Response/Reply (Doc. #22 ) is GRANTED. Plaintiff shall file his response on or before November 12, 2020. Signed by Judge David W. Dugan on 10/8/2020. (bps)
October 7, 2020 Opinion or Order Filing 24 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #23 Motion for Extension of Time to File Response/Reply filed by Peter Fowler. Duplicate motion. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 7, 2020 Opinion or Order Filing 23 ENTRY STRICKEN: MOTION for Extension of Time to File Reply to Response as to #1 MOTION for Preliminary Injunction by Peter Fowler. (jaj) Modified on 10/7/2020 (tjk).
October 7, 2020 Opinion or Order Filing 22 MOTION for Extension of Time to File Response as to #16 Response in Opposition to Motion by Peter Fowler. (tjk)
October 6, 2020 Opinion or Order Filing 21 Pursuant to Administrative Order No. 277, this case is transferred from Judge Staci M. Yandle and reassigned to Judge David W. Dugan. Unless the newly assigned judge directs otherwise, all deadlines and hearing dates shall remain in effect. All future pleadings shall bear the case number 20-856-DWD. (amv)
September 28, 2020 Opinion or Order Filing 20 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Staci M. Yandle.. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 28, 2020 Opinion or Order Filing 19 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
September 24, 2020 Opinion or Order Filing 18 ORDER: Defendants have filed a Response to Plaintiff's request for a preliminary injunction indicating Plaintiff has been placed in protective custody, which is the relief he seeks through an injunction. Accordingly, Plaintiff is ORDERED to respond on or before October 8, 2020 indicating why the motion should not be denied as moot. Signed by Judge Staci M. Yandle on 9/24/2020. (bps) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 22, 2020 Opinion or Order Filing 17 NOTICE: Peter Fowler was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Peter Fowler shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 9/29/2020 (ack)
September 21, 2020 Opinion or Order Filing 16 RESPONSE in Opposition re #1 MOTION for Preliminary Injunction filed by Internal Affairs Borwin, Internal Affairs Childrens, Anthony Wills. (Attachments: #1 Exhibit A, #2 Exhibit B)(Shultz, Robert)
September 18, 2020 Opinion or Order Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Shultz, Robert)
September 18, 2020 Opinion or Order Filing 14 NOTICE of Appearance by Robert Brandon Shultz on behalf of All Defendants (Shultz, Robert)
September 14, 2020 Opinion or Order Filing 13 WAIVER OF SERVICE Returned Executed as to Wills, Borwin, and Childrens.(tjk)
September 10, 2020 Opinion or Order Filing 12 ORDER: Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). Signed by Judge Staci M. Yandle on 9/10/2020. (tjk)
September 10, 2020 Opinion or Order Filing 11 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #2 Motion for Leave to Proceed in forma pauperis filed by Peter Fowler. Doc. 2 appears to be a duplicate of Doc. 1. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 9, 2020 Opinion or Order Filing 10 AMENDED ORDER: The Court will treat the Motion for Preliminary Injunction (Doc. #1 ) as a Complaint. Count 1 survives initial screening as to Defendants Borwin and Childrens. Defendants Allsup and Keefer are DISMISSED without prejudice, and the Clerk of Court is DIRECTED to terminate them as parties to the case. The Clerk of Court is FURTHER DIRECTED to ADD Anthony Wills, in his official capacity as Warden of Menard only, as a Defendant in this case. The Clerk of Court shall prepare for Defendants Borwin, Childrens and Wills: (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 the defendant's place of employment as identified by Plaintiff. Defendants are ORDERED to respond to the preliminary injunction request within 10 days of service. Signed by Judge Staci M. Yandle on 9/9/2020. (bps)
September 9, 2020 Opinion or Order Filing 9 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #5 Order for Service of Process - Prisoner. Incorrect case number listed on Order. Entry stricken and Amended Order to be filed by PSLC this date. (jaj)
September 9, 2020 Opinion or Order Filing 8 REQUEST FOR WAIVER of Service sent to Warden Anthony Wills on 9/9/2020. Waiver of Service due by 10/9/2020. (jaj)
September 9, 2020 Opinion or Order Filing 7 REQUEST FOR WAIVER of Service sent to Internal Affairs Childrens on 9/9/2020. Waiver of Service due by 10/9/2020. (jaj)
September 9, 2020 Opinion or Order Filing 6 REQUEST FOR WAIVER of Service sent to Internal Affairs Borwin on 9/9/2020. Waiver of Service due by 10/9/2020. (jaj)
September 8, 2020 Opinion or Order Filing 5 ENTRY STRICKEN - ORDER: The Court will treat the Motion for Preliminary Injunction (Doc. #1 ) as a Complaint. Count 1 survives initial screening as to Defendants Borwin and Childrens. Defendants Allsup and Keefer are DISMISSED without prejudice, and the Clerk of Court is DIRECTED to terminate them as parties to the case. The Clerk of Court is FURTHER DIRECTED to ADD Anthony Wills, in his official capacity as Warden of Menard only, as a Defendant in this case. The Clerk of Court shall prepare for Defendants Borwin, Childrens and Wills: (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 the defendant's place of employment as identified by Plaintiff. Defendants are ORDERED to respond to the preliminary injunction request within 10 days of service. Signed by Judge Staci M. Yandle on 9/8/2020. (bps) Modified on 9/9/2020 (jaj).
August 31, 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 08/31/2020. Consent due by 9/21/2020. (jsm2)
August 31, 2020 Opinion or Order Filing 3 NOTICE AND ORDER: The Court has received your Motion for Preliminary Injunction/complaint and your motion to proceed without prepayment of the filing fee. Your case number is 20-cv-856-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 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 Judge Staci M. Yandle on 8/31/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 31, 2020 Opinion or Order Filing 2 STRICKEN - MOTION for Leave to Proceed in forma pauperis by Peter Fowler. (jsm2) Modified on 9/10/2020 (jsm2).
August 31, 2020 Opinion or Order Filing 1 MOTION for Preliminary Injunction by Peter Fowler. (jsm2)

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Defendant: C/O Keefer
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Defendant: Internal Affairs Borwin
Represented By: Robert Brandon Shultz
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Defendant: Supervisor Allsup
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Defendant: Internal Affairs Childrens
Represented By: Robert Brandon Shultz
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Defendant: Anthony Wills
Represented By: Robert Brandon Shultz
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Plaintiff: Peter Fowler
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