Chatman v. Illinois Dept. of Corrections et al
| Paul Chatman |
| David Bleeker, Lance Whitecott, Steve Albrecht, Illinois Dept. of Corrections, Stephanie Doretha, Bruce Fisher, Robert Arnett and Robert Adams |
| 3:2020cv00971 |
| September 23, 2020 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 96 MOTION to Substitute Attorney Tara Barnett in the place of John Catalano and Mia Buntic by Robert Adams, Steve Albrecht, Robert Arnett, David Bleeker, Stephanie Doretha, Bruce Fisher, Illinois Dept. of Corrections, Lance Whitecott. (Barnett, Tara) |
| Filing 95 NOTICE of Appearance by Tara Marie Barnett on behalf of Robert Adams, Steve Albrecht, Robert Arnett, David Bleeker, Stephanie Doretha, Bruce Fisher, Illinois Dept. of Corrections, Lance Whitecott (Barnett, Tara) |
Filing 94
ORDER: This matter is before the Court for case management. On September 23, 2020, this action was transferred to the Southern District of Illinois and assigned to Chief Judge Nancy J. Rosenstengel. Pursuant to the transfer order (Doc. #92 ), Plaintiff appears to be a member of the class certified by Judge Staci M. Yandle in Ross v. Gossett, No. 15-309. Cognizant of the Seventh Circuits position that related cases filed within the same U.S. District Court should be transferred to (or consolidated before) a single District Judge, see, e.g. Smith v. Check-N-Go of Illinois, Inc., 200 F.3d 511, 513 n.1 (7th Cir. 1999); Blair v. Equifax Check Services, Inc., 181 F.3d 832, 839 (7th Cir. 1999), the Court TRANSFERS this case to Judge Yandle for further proceedings. All further pleadings shall bear the cause number 20-cv-971-SMY. Signed by Chief Judge Nancy J. Rosenstengel on 9/23/2020. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 93 Case transferred in from District of Illinois Central; Case Number 1:16-cv-01184. Original file certified copy of transfer order and docket sheet received. |
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Filing 92
ORDER entered by Judge Joe Billy McDade on 9/23/2020. IT IS THEREFORE ORDERED:1) Plaintiff's Motion for Status #90 is DENIED. 2) This case is hereby transferred to the Southern District of Illinois pursuant to 28 U.S.C. 1391(b) and 28 U.S.C. 1404(a) for any action the transferee court deems necessary. SEE FULL WRITTEN ORDER. (SAG, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Magistrate Judge Jonathan E. Hawley no longer assigned to case. (WG, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 91 NOTICE of Change of Address by Paul Chatman. (RL, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 90 MOTION For Status by Plaintiff Paul Chatman. Responses due by 7/7/2020 (RL, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER entered by Judge Joe Billy McDade on 11/6/2019. Plaintiff's Motion for Status #89 is GRANTED. This case is currently stayed pending resolution of the class certification issue in Ross v. Gossett, No. 15-CV-309 (S.D. Ill.). As of the date of this text order, the issue does not appear to have been resolved. There are no hearings in this case scheduled at this time. (SAG, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 89 MOTION status of case by Plaintiff Paul Chatman. Responses due by 11/18/2019. (KB, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 88 NOTICE of Change of Address by Paul Chatman (RL, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 87 NOTICE of Appearance of Attorney by John M Catalano, Jr on behalf of All Defendants (Catalano, John) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 86 Letter Paul Chatman requesting status or docket sheet for SDIL Case 15-VC-309, Ross v. Gossett. (JRK, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ONLY ORDER entered by Judge Joe Billy McDade on 9/6/2018. Defendants filed a Status Report #85 , presumably in response to the Courts Order #83 entered July 30, 2018. The Order directs defense counsel to inform the Court once the class certification issue is resolved in Ross v. Gossett, No. 15-cv-309 (S.D. Ill.). See #83 at 2, paragraph 1. The status report filed makes no mention of the class certification issue, other than to say that Plaintiff desires to suspend this cause of action pending same. The Court granted Plaintiffs request in its previous order. See #83 at 2, paragraph 1. To clarify, Defendants are directed to inform the Court whether class certification is granted or denied in the Ross case, within 21 days of that decision being issued. Once that issue is resolved in the Ross case, the Court will proceed accordingly in this case.(RK, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 85 STATUS REPORT by Robert Adams, Steve Albrecht, Robert Arnett, David Bleeker, Stephanie Doretha, Bruce Fisher, Lance Whitecott. (Buntic, Mia) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER denying #84 the Plaintiff's Request for Witness Subpoena Forms from the Clerk's Office. On July 30, 2018, the Court entered an Order staying this case pending resolution of the class certification issue in Ross v. Gossett, No. 15-CV-309 (S.D. Ill.). In that Order, the Court also granted the Defendants' Motion for Extension of Time to the extent it sought a stay of all pending deadlines. Accordingly, the Plaintiff's request for subpoena forms is denied as this case is stayed at the present time in all respects, including discovery. Entered by Magistrate Judge Jonathan E. Hawley on 7/31/2018. (KZ, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Case Stayed (SAG, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 84 MOTION for Issuance of Subpoenas by Plaintiff Paul Chatman. Responses due by 8/13/2018 (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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Filing 83
ORDER entered by Judge Joe Billy McDade on 7/30/2018. IT IS THEREFORE ORDERED:1) Plaintiff's Motion to Suspend #81 is GRANTED. This case is stayed pendingresolution of the class certification issue in Ross v. Gossett, No. 15-CV-309 (S.D. Ill.). Defense counsel is directed to inform the Court within 21 days of that issue being resolved. 2) Defendants' Motion for Extension of Time #82 is GRANTED to the extent that it seeks a stay of all pending deadlines and DENIED as to any other relief requested. The Final Pretrial Conference set for September 19, 2018 and the Jury Trial set to begin October 29, 2018 are VACATED. Any writs previously issued for these dates are also VACATED. 3) The dispositive motions deadline is stayed pending resolution of the issues above. If necessary, the Court will reset this deadline once the stay in this case is lifted. Theparties are advised that once this deadline is reset, no further extensions of time will be granted. See Flint v. City of Belvidere, 791 F.3d 764, 768 (7th Cir. 2015) (district courts are entitled to, and must, enforce deadlines). 4) Plaintiff's Motion to Request Counsel #78 is DENIED with leave to renew, ifnecessary, once the stay is lifted. SEE FULL WRITTEN ORDER. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 82 Second MOTION for Extension of Time to File Dispositive Motion by Defendants Robert Adams, Steve Albrecht, Robert Arnett, David Bleeker, Stephanie Doretha, Bruce Fisher, Illinois Dept of Corrections, Lance Whitecott. Responses due by 7/27/2018 (Buntic, Mia) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 81 MOTION to Suspend Plaintiff's Cause of Action Pending Class Certification by Plaintiff Paul Chatman. Responses due by 7/16/2018 (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER granting #80 Motion for Extension of Time to File. Dispositive Motions ddl extended to 7/16/2018. No further extensions of time will be granted except for exceptional circumstances. Entered by Magistrate Judge Jonathan E. Hawley on 6/19/18. (WG, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 80 MOTION for Extension of Time to File Dispositive Motion by Defendants Robert Adams, Steve Albrecht, Robert Arnett, David Bleeker, Stephanie Doretha, Bruce Fisher, Illinois Dept of Corrections, Lance Whitecott. Responses due by 7/2/2018 (Buntic, Mia) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 78 MOTION for the Appointment of Counsel by Plaintiff Paul Chatman. Responses due by 4/30/2018 (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 77 NOTICE of Change of Address by Paul Chatman. New address is Vienna CC. (SAG, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 76 Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Pro Se Plaintiff Paul Chatman and Atty Mia Buntic for Rule 16 Scheduling Conference held on 3/16/18. Discussion held regarding the status of discovery. The Court DENIES #71 Motion for Reconsideration AND #74 Motion for Sanctions for reasons stated on the record. The Court sets the following schedule: All discovery to be completed on or before 5/18/18. All dispositive motions to be filed on or before 6/18/18. Final Pretrial Conference set for 9/19/2018 at 10:30 AM and Jury Trial set for 10/29/2018 at 9:00 AM BOTH in Courtroom D in Peoria before Judge Joe Billy McDade. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Clerk to mail Pro Se Plaintiff a copy of this Minute Entry. (Tape #PRC: 10:09 a.m.) (FDS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER granting #75 Motion for Extension of Time to Complete Discovery. Defendants shall have an additional 30 days in which to respond to the Plaintiff's interrogatories. Entered by Magistrate Judge Jonathan E. Hawley on 3/9/18. (WG, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 75 MOTION for Extension of Time to Complete Discovery by Defendants Robert Adams, Steve Albrecht, Robert Arnett, David Bleeker, Stephanie Doretha, Bruce Fisher, Illinois Dept of Corrections, Lance Whitecott. Responses due by 3/22/2018 (Attachments: #1 Exhibit A)(Buntic, Mia) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 74 MOTION for Sanctions by Plaintiff Paul Chatman. Responses due by 3/21/2018 (SAG, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 73 RESPONSE to Motion re #71 MOTION for Reconsideration re #68 Order on Motion to Compel, Status Conference - Referral Judge, Set/Reset Deadlines:,,,,,, filed by Defendants Robert Adams, Steve Albrecht, Robert Arnett, David Bleeker, Stephanie Doretha, Bruce Fisher, Illinois Dept of Corrections, Lance Whitecott. (Buntic, Mia) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 72 WRIT of Habeas Corpus Ad Testificandum issued to Lincoln Correctional Center as to Paul Chatman for 3/16/2018 at 10:00am. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER setting Rule 16 Scheduling Conference. Rule 16 Scheduling Conference set for 3/16/2018 at 10:00 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Clerk is directed to issue a writ for the plaintiff's participation in the conference. Entered by Magistrate Judge Jonathan E. Hawley on 2/8/18. (WG, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 71 MOTION for Reconsideration by Plaintiff Paul Chatman. Responses due by 2/20/2018 (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER denying the Plaintiff's Motion to Compel #67 to the extent that only those incident reports directly related to the Plaintiff personally for April 30, 2014 are relevant to the claims in this case. Incident reports for other inmates are not related to the Plaintiff's claims in this case. Entered by Magistrate Judge Jonathan E. Hawley on 2/2/2018. (Hawley, Jonathan) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 70 RESPONSE to Motion re #67 MOTION to Compel filed by Defendants Robert Adams, Steve Albrecht, Robert Arnett, David Bleeker, Stephanie Doretha, Bruce Fisher, Illinois Dept of Corrections, Lance Whitecott. (Attachments: #1 Exhibit A)(Buntic, Mia) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 69 PDF with attached Audio File. Court Date & Time [ 1/23/2018 10:10:47 AM ]. File Size [ 9607 KB ]. Run Time [ 00:20:01 ]. (admin). [Transferred from Illinois Central on 9/23/2020.] |
| Filing 68 Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Pro Se Plaintiff Paul Chatman and Atty Mia Buntic for Status Conference held 1/23/18. Discussion held regarding #67 Motion to Compel. The Court Grants #67 Motion to Compel to the extent that Dfts are to produce email communications as they relate to the 4/3014 search in question. Plaintiff to prepare and serve supplemental interrogatories as necessary. Discussion held regarding Consent to Magistrate (form attached). Dft directed to file a written response to #67 Motion to Compel on or before 2/6/18. Clerk to mail Pro Se Plaintiff a copy of this Minute Entry. (Tape #PRC: 10:10 a.m.) (FDS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER Setting Motion Hearing in re #67 MOTION to Compel along with the previously set Status conference. Motion Hearing set for 1/23/2018 at 10:15 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Phone writ previously completed for Plaintiff's appearance at this conference. Entered by Magistrate Judge Jonathan E. Hawley on 1/3/18. (WG, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 67 Plaintiff's MOTION to Compel Discovery from Defendants by Plaintiff Paul Chatman. Responses due by 1/5/2018 (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 66 WRIT of Habeas Corpus Ad Testificandum issued to Lincoln Correctional Center as to Paul Chatman for 1/23/2018 at 10:15am. (JS, ilcd) (Main Document 66 replaced on 12/6/2017) (JS, ilcd). Modified on 12/6/2017 (JS, ilcd). [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER: Due to a conflict in the Court's calendar, the Status Conference set for 1/12/18 is VACATED and RESET to 1/23/2018 at 10:15 AM by telephone from Peoria (court will place call) /before Magistrate Judge Jonathan E. Hawley. Clerk to Amend the telephone writ for plaintiff's appearance. Entered by Magistrate Judge Jonathan E. Hawley on /12/6/17. (WG, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 65 NOTICE of Change of Address by Paul Chatman. New address is Lincoln Correctional Center. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 64 PDF with attached Audio File. Court Date & Time [ 10/23/2017 2:26:33 PM ]. File Size [ 4511 KB ]. Run Time [ 00:09:24 ]. (admin). [Transferred from Illinois Central on 9/23/2020.] |
| Filing 63 TELEPHONE Writ of Habeas Corpus Issued as to Paul Chatman for hearing on 1/12/18 at 10:15 a.m. (FDS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 62 Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Pro Se Plaintiff Paul Chatman and Atty Mia Buntic for Rule 16 Scheduling Conference - converted to a Status Conference held on 10/23/2017. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Discussion held regarding the status of the case. Parties to exchange written initial discovery requests on or before 11/23/17. Responses due on or before 12/26/17. Case set for Status Conference on 1/12/2018 at 10:15 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Clerk to issue a Writ for Plaintiff's participation. Clerk to mail Plaintiff a copy of the Minute Entry along with the Consent to Magistrate. (Tape #PRC: 2:26 p..) (FDS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 61 TELEPHONE WRIT issued to Illinois River CC re Paul Chatman for hearing 10/23/2017 at 2:30 PM. (SAG, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER granting #60 Motion to Substitute Attorney. Attorney Kyle A Rockershousen terminated as counsel for dfts and Mia Buntic added. Entered by Magistrate Judge Jonathan E. Hawley on 9/29/17`. (WG, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Atty M. Buntic present via phone and pro se Plaintiff Paul Chatman unavailable, despite the deputy clerk verifying the writ on 9/28/2017, for Scheduling Conference on 9/29/2017. Same not held. Court reschedules Rule 16 Scheduling Conference for 10/23/2017 at 2:30 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Clerk to issue writ for Plaintiff's appearance. (SAG, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 60 MOTION to Substitute Attorney, Kyle A. Rockershousen to be replaced by Mia Buntic, by Defendants Sgt. Adams, Sgt. Albright, Lt. Arnett, Sgt. Bleaker, White Cotton, Warden Dorethy, Lt Fisher, Illinois Dept of Corrections. Responses due by 10/12/2017 (Buntic, Mia) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 59 NOTICE of Appearance of Attorney by Mia Buntic on behalf of White Cotton, Illinois Dept of Corrections (Buntic, Mia) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 58 NOTICE of Appearance of Attorney by Mia Buntic on behalf of Sgt. Adams, Sgt. Albright, Lt. Arnett, Sgt. Bleaker, Warden Dorethy, Lt Fisher (Buntic, Mia) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 57 WRIT of Habeas Corpus Ad Testificandum issued to Illinois River Correctional Center as to Paul Chatman for 9/29/2017 at 10:15 am. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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CORRECTING TEXT ORDER: Rule 16 Scheduling Conference set 9/29/17 at 10:15 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Clerk to issue telephone writ for plaintiff's participation in the conference. Entered by Magistrate Judge Jonathan E. Hawley on 8/24/17. (WG, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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TEXT ORDER setting Rule 16 Scheduling Conference by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Clerk to issue telephone writ for plaintiff's participation in the conference. Entered by Magistrate Judge Jonathan E. Hawley on 8/23/17. (WG, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 56 ANSWER to #46 Complaint AND AFFIRMATIVE DEFENSES by Lt. Arnett.(Rockershousen, Kyle) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 55 NOTICE of Appearance of Attorney by Kyle A Rockershousen on behalf of Lt. Arnett (Rockershousen, Kyle) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER entered by Judge Joe Billy McDade on 8/22/2017. Defendant Arnett returned an executed waiver of service on June 27, 2017. See #49 at 5. Defendant Arnett appears to be a correctional officer employed by the Illinois Department of Corrections (IDOC), but currently no attorney has entered an appearance on his behalf. IDOC employees are typically represented by the Office of the Illinois Attorney General. Within 7 days of this Order, defense counsel is directed to inform the Court whether they will be representing Defendant Arnett in this matter. Plaintiff filed a Motion to Request Counsel #50 . Plaintiff has no constitutional or statutory right to counsel in this case. In considering the Plaintiff's motion, the court asks: (1) has the indigent Plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself? Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007), citing Farmer v. Haas, 990 F.2d 319, 322 (7th Cir.1993). Plaintiff provided a list of attorneys from whom he alleges he requested pro bono services to no avail. A plaintiff typically satisfies the first prong by attaching copies of letters he sent to and received from attorneys. Plaintiff has not done so. As to the second prong, Plaintiff has personal knowledge of the facts and will be able to testify accordingly, his communication with the Court has been adequate thus far, he should be able to obtain any relevant document through discovery, and his claims do not appear overly complex at this stage. Therefore, the Court finds that Plaintiff is capable of representing himself at this time. Plaintiff's motion #50 is DENIED with leave to renew.(JS, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 54 ANSWER to #46 Complaint AND AFFIRMATIVE DEFENSES by Sgt. Adams, Sgt. Albright, Sgt. Bleaker, White Cotton, Warden Dorethy, Lt Fisher, Illinois Dept of Corrections.(Rockershousen, Kyle) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 53 NOTICE of Appearance of Attorney by Kyle A Rockershousen on behalf of Sgt. Adams, Sgt. Albright, Sgt. Bleaker, White Cotton, Warden Dorethy, Lt Fisher, Illinois Dept of Corrections (Rockershousen, Kyle) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 52 WAIVER OF SERVICE Returned Executed by Paul Chatman. Warden Dorethy waiver sent on 6/20/2017, answer due 8/21/2017. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 51 MEMORANDUM of Law in Support of #50 MOTION to Request Counsel by Paul Chatman. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 50 MOTION for the Appointment of Counsel by Plaintiff Paul Chatman. Responses due by 7/31/2017 (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 49 WAIVER OF SERVICE Returned Executed by Paul Chatman. Sgt. Adams waiver sent on 6/12/2017, answer due 8/11/2017; Sgt. Albright waiver sent on 6/12/2017, answer due 8/11/2017; Lt. Arnett waiver sent on 6/12/2017, answer due 8/11/2017; Sgt. Bleaker waiver sent on 6/12/2017, answer due 8/11/2017; Lt Fisher waiver sent on 6/12/2017, answer due 8/11/2017. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 48 WAIVER OF SERVICE Returned Executed by Paul Chatman. White Cotton waiver sent on 6/20/2017, answer due 8/21/2017. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 47 WAIVER OF SERVICE Returned Executed by Paul Chatman. Illinois Dept of Corrections waiver sent on 6/12/2017, answer due 8/11/2017. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 45 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Warden Dorethy, Lt. Whitecotton on 6/20/2017. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 44 Waiver of Service Returned Unexecuted as to Warden Dorethy, Lt. Whitecotton. Notification received from Litigation Coordinator regarding forwarding address for defendants Dorethy and Whitecotton. Waiver resent to new address. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 43 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Warden Dorethy, Sgt. Albright, Sgt. Bleaker, Lt. Fisher, Lt. Arnett, Sgt. Adams, Lt. White Cotton, Illinois Department of Corrections on 6/12/2017. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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Filing 42
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Joe Billy McDade on 6/12/2017. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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Filing 41
ORDER entered by Judge Joe Billy McDade on 6/12/2017. IT IS FURTHER ORDERED THAT THE CLERK IS DIRECTED TO: 1) Attempt service on Defendants pursuant to the standard procedures; 2) Set an internal court deadline 60 days from the entry of this order for the court to check on the status of service and enter scheduling deadlines; and, 3) Enter the Court's standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. 4) This case is referred to Magistrate Judge Hawley pursuant to 28 U.S.C. 636. Lastly, it is ordered that if a Defendant fails to sign and return a waiver of service for the clerk within 30 days after the waiver is sent, the court will take appropriate steps to effect formal service through the U.S. Marshals Service on that Defendant and will require that Defendant to pay the full costs of formal service pursuant to Federal Rule of Civil Procedure 4(d)(2). SEE FULL WRITTEN ORDER. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Magistrate Judge Jonathan E. Hawley added. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 40 MANDATE of USCA as to #16 Notice of Appeal filed by Paul Chatman. The judgment dismissing Chatman's lawsuit is VACATED, and the case is REMANDED for further proceedings. Given this result Chatman has not incurred any strikesfor this litigation. See 28 U.S.C. 1915(g). On remand Chatman shall be permitted, if he chooses, to amend his complaint "once as a matter of course" and thereafter as justice requires. See FED. R. CIV. P. 15(a). The above is in accordance with the decision of this court entered on this date. (Attachments: #1 Nonprecedential Disposition, #2 Notice of Issuance of Mandate)(JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 39 PLRA SHOW CAUSE ORDER as to #16 Notice of Appeal filed by Paul Chatman. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 38 MANDATE of USCA as to #25 Notice of Appeal filed by Paul Chatman. The following is before the court: MOTION TO RECONSIDER AND REVIEW DOCUMENTS FILED ON DECEMBER 6, 2016 IN THE DISTRICT COURT UNDER JUDGE JOE BILLY MCDADE. ALSO MOTION TO RECONSIDER MOTION FOR COUNSEL AND DOCUMENTS FILED IN CONJUNCTION THERE WITH. (ALSO FILED IN DECEMBER) WITH THE HONORABLE SEVENTH CIRCUIT COURT OF APPEALS, filed on December 27, 2016, by pro se Appellant. On October 26, 2016, the district court denied the appellant leave to proceed in forma pauperis on appeal in appeal no. 16-3646. The appellant filed a notice of appeal from this order, and the present appeal was opened. A separate appeal from the district court's order, however, is unnecessary because the appellant is challenging only the district court's denial of his in forma pauperis motion. The renewed request for permission to proceed in forma pauperis will be considered in appeal no. 16-3646. Accordingly, IT IS ORDERED that this appeal is DISMISSED as unnecessary. No appellate filing fees shall be collected for this appeal. (Attachments: #1 Notice of Issuance of Mandate)(JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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Filing 37
ORDER of USCA as to #16 Notice of Appeal filed by Paul Chatman. Upon consideration of the requests for leave to proceed as a pauper on appeal, the appellant's motions filed under Federal Rule of Appellate Procedure 24, the district court's order pursuant to 28 U.S.C. 1915(a)(3) certifying that the appeal was filed in bad faith, and the record on appeal, this court has determined that the district court erred in its bad-faith determination. Accordingly, IT IS ORDERED that the motions for leave to proceed on appeal in forma pauperis are GRANTED. The district court is instructed to assess an initial partial filing fee for the appeal and to notify this court when the partial fee has been collected. (VH, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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TEXT ORDER entered by Judge Joe Billy McDade on 1/5/2017. Pursuant 28 U.S. C. Section 1915(b)(1), the plaintiff is assessed an initial partial filing fee of $38.02. The agency having custody of the plaintiff is directed to forward the initial partial filing fee from plaintiff's account to the Clerk of the Court within 28 days from the date of this order. The plaintiff is advised that ultimately, he is responsible for ensuring that the initial partial payment is made within the specified time. After payment of the initial partial filing fee, the agency having custody of the plaintiff shall make monthly payments of 20 percent of the preceding month's income credited to the plaintiff's account to the Clerk of the Court. The agency having custody of the plaintiff shall forward these payments each time the plaintiff's account exceeds $10, until the appeal filing fee of $505 is paid in full. The Clerk of the Court is directed to mail a copy of this order to the plaintiff's place of confinement, to the attention of the Trust Fund Office and to the United States Court of Appeals for the Seventh Circuit.(VH, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 36 Letter of Transmittal/Certification received from USCA re #16 Notice of Appeal acknowledging receipt of 3 volumes of pleadings and 4 sealed documents. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 35 Letter of Transmittal/Certification to USCA via email re #16 Notice of Appeal consisting of 3 volumes of pleadings and 4 sealed documents. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 34 Request from USCA for Long Record re #16 Notice of Appeal. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Certified and Transmitted Record on Appeal to US Court of Appeals re #16 Notice of Appeal. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 33 PLRA FEE NOTICE AND ORDER. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER entered by Judge Joe Billy McDade on 12/06/2016. Plaintiff filed a second Motion for Leave to Appeal in forma pauperis #30 . The Court denied Plaintiff's first Motion for Leave to Appeal in forma pauperis #21 and certified that Plaintiff's petition to appeal in forma pauperis was not in good faith. See Text Order entered October 26, 2016. For the reasons stated in that Text Order, Plaintiff's current motion #30 is DENIED. Clerk is directed to send a copy of this Order and a copy of the Text Order entered October 26, 2016 to the Seventh Circuit Court of Appeals.(JS, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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Filing 32
ORDER of USCA as to #25 Notice of Appeal filed by Paul Chatman. Upon consideration of the MOTION FOR APPOINTMENT COUNSEL, filed on December 2, 2016, by the pro se appellant, IT IS ORDERED that, pursuant to the Court's Fee Order and Notice of November 17, 2016, the motion is DENIED without court action. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 31 +++ PRISONER TRUST FUND LEDGER by Paul Chatman. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 30 MOTION for Leave to Appeal in forma pauperis by Plaintiff Paul Chatman. Responses due by 12/16/2016 (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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Filing 29
ORDER of USCA as to #25 Notice of Appeal filed by Paul Chatman. The following is before the court: MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS, filed on December 2, 2016, by the pro se appellant. The pro se appellant has erroneously filed the motion for leave to appeal in forma pauperis in this court. The pro se appellant should have filed the motion in the district court in the first instance. Accordingly, IT IS ORDERED that the clerk of this court transfer the motion to the clerk of the district court for a ruling on the motion, along with a copy of this order. The pro se appellant is reminded that if the district court denies the in forma pauperis motion, he/she must refile the motion in this court pursuant to Fed. R. App. P. 24. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| USCA Appeal Fees received $5.00 receipt number 14626028085 re #16 Notice of Appeal filed by Paul Chatman (VH, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 28 PLRA FEE NOTICE AND ORDER re #25 Notice of Appeal. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 27 NOTICE of Docketing Record on Appeal from USCA re #25 Notice of Appeal filed by Paul Chatman. USCA Case Number 16-3936. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 26 Short Record of Appeal Sent to US Court of Appeals re #25 Notice of Appeal. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 25 NOTICE OF APPEAL as to Order on Motion for Leave to Appeal in forma pauperis by Paul Chatman. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 24 PLRA FEE NOTICE AND ORDER re #16 Notice of Appeal. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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Filing 23
ORDER of USCA as to #16 Notice of Appeal filed by Paul Chatman. The following is before the court: MOTION FOR APPOINTMENT OF COUNSEL, filed on October 24, 2016, by the pro se appellant. This appeal is subject to the Prison Litigation Reform Act and therefore all proceedings are suspended pending the assessment and payment of any necessary fees. See Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997). Because the appellant's motionfor leave to proceed on appeal in forma pauperis is currently pending in the district court, IT IS ORDERED that the motion is DENIED without court action, pursuant to the court's fee notice and order dated October 11, 2016. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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TEXT ORDER entered by Judge Joe Billy McDade on 10/26/2016. Plaintiff filed a Motion for Leave to Appeal in forma pauperis #21 . Title 28 U.S.C. section 1915(a)(3) provides that "an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." Id. An appeal taken in "good faith" is not about the movant's sincerity or motivation. A good faith appeal is an appeal that "a reasonable person could suppose... has some merit." Walker v. OBrien, 216 F.3d 626, 632 (7th Cir. 2000). For the reasons stated in the Courts Merit Review Order #14 , the Court does not see an arguable good faith basis for appeal. Accordingly, the Court certifies pursuant to 28 U.S.C. section 1915(a)(3) that Plaintiff's petition to appeal in forma pauperis is not in good faith, and the motion #21 is DENIED. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 22 +++ PRISONER TRUST FUND LEDGER. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 21 MOTION for Leave to Appeal in forma pauperis by Plaintiff Paul Chatman. Responses due by 11/14/2016 (JS, ilcd) (Main Document 21 replaced on 10/25/2016) (JS, ilcd). [Transferred from Illinois Central on 9/23/2020.] |
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Filing 20
ORDER of USCA as to #16 Notice of Appeal filed by Paul Chatman. The following is before the court: MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS, filed on October 24, 2016, by the pro se appellant. The pro se appellant has erroneously filed the motion for leave to appeal in forma pauperis in this court. The pro se appellant should have filed the motion in the district court in the first instance. Accordingly, IT IS ORDERED that the clerk of this court transfer the motion to the clerk of the district court for a ruling on the motion, along with a copy of this order. The pro se appellant is reminded that if the district court denies the in forma pauperis motion, he/she must refile the motion in this court pursuant to Fed. R. App. P. 24. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Prisoner Initial Partial Filing Fee received 10/24/2016, in the amount of $5.00; receipt number 14626027809. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 19 PLRA FEE NOTICE AND ORDER re #16 Notice of Appeal. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 18 NOTICE of Docketing Record on Appeal from USCA re #16 Notice of Appeal filed by Paul Chatman. USCA Case Number 16-3646. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 17 Short Record of Appeal Sent to US Court of Appeals re #16 Notice of Appeal. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 16 NOTICE OF APPEAL as to #14 Merit Review Opinion by Paul Chatman. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 15 VACATED PURSUANT TO MANDATE ENTERED 6/5/2017. JUDGMENT IN A CIVIL CASE. (JS, ilcd) Modified on 6/7/2017 to vacate judgment pursuant to mandate filed on 6/5/2017. (JS, ilcd). [Transferred from Illinois Central on 9/23/2020.] |
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Filing 14
MERIT REVIEW ORDER entered by Judge Joe Billy McDade on 09/09/2016. IT IS THEREFORE ORDERED: 1) Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. 1915A. Any amendment to the Complaint would be futile. This case is therefore terminated. All pending motions are denied as moot. The clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58. 2) This dismissal shall count as one of the plaintiff's three allotted "strikes" pursuant to 28 U.S.C. Section 1915(g). The Clerk of the Court is directed to record Plaintiff's strike in the three-strike log. 3) Plaintiff must still pay the full docketing fee of $350 even though his case has been dismissed. The agency having custody of Plaintiff shall continue to make monthly payments to the Clerk of Court, as directed in the Court's prior order. 4) If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis should set forth the issues Plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable for the $455 appellate filing fee irrespective of the outcome of the appeal.(JS, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Prisoner Initial Partial Filing Fee received 8/26/2016, in the amount of $62.49; receipt number 14626027379 (JRK, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 13 +++ PRISONER TRUST FUND LEDGER. by Paul Chatman (VH, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
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TEXT ORDER granting #3 Application/Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $62.49. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account to the Clerk of Court. The agency having custody of the plaintiff shall forward these payments each time Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff's place of confinement, to the attention of the Trust Fund Office. Entered by Judge Joe Billy McDade on 7/25/2016. (VH, ilcd) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 12 Trust Fund Letter from Clerk of Court requesting trust fund ledgers from the trust fund department of Illinois River Correctional Center. (JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 11 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. Effective immediately, all documents should be mailed or scanned to the Peoria Division,100 NE Monroe Street,Peoria,IL 61602. Merit Review Deadline set for 6/21/2016. (Attachments: #1 Notice Regarding Privacy Issues)(JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 10 Case transferred in from District of Illinois Northern; Case Number 1:16-cv-04737. . [Transferred from Illinois Central on 9/23/2020.] |
| Filing 9 MAILED a motion for attorney representation and a supplement addendum by Plaintiff Paul Chatman to Central District of Illinois. (kp, ) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 8 SUPPLEMENT Addendum by Plaintiff (Exhibits). (kp, ) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 7 MOTION by Plaintiff Paul Chatman for attorney representation(Exhibits) (nsf, ) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 6 TRANSFERRED to the USDC for the Central District of Illinois the electronic record. (rp, ) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 5 MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 5/3/2016. Mailed notice (rp, ) [Transferred from Illinois Central on 9/23/2020.] |
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Filing 4
ORDER: This Court sua sponte transfers this case to the United States District Court for the Central District of Illinois "in the interest of justice" (Section 1406(a)). And in that respect the transfer is directed to the federal courthouse in Peoria (if that is not the correct destination for a Fulton County case, it would be appreciated if the action will be forwarded to the appropriate site). All aspects of the case, including the Section 1915 handling of the Application to Proceed in District Court Without Prepaying Fees or Costs, will be left to the transferee judge. (For further details see Memorandum Order) Signed by the Honorable Milton I. Shadur on 5/3/2016. Mailed notice (rp, ) [Transferred from Illinois Central on 9/23/2020.]
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| Filing 46 COMPLAINT against Sgt. Adams, Sgt. Albright, Lt. Arnett, Sgt. Bleaker, White Cotton, Warden Dorethy, Lt Fisher, Illinois Dept of Corrections, filed by Paul Chatman.(JS, ilcd) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 3 APPLICATION by Plaintiff Paul Chatman to Proceed in District Court Without Prepaying Fees or Costs. (Exhibit). (eaa, ) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 2 CIVIL Cover Sheet. (eaa, ) [Transferred from Illinois Central on 9/23/2020.] |
| Filing 1 RECEIVED Complaint and no copies by Paul Chatman. (Exhibit)(Attachments: #1 Envelope).(eaa, ) [Transferred from Illinois Central on 9/23/2020.] |
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