Thornton v. Jeffreys et al
| Charles E. Thornton |
| Anthony Wills, John Doe 2, John Doe 3, Rob Jeffreys, John Doe 4, John Doe 1, Jane Doe 1 and Jane Doe 2 |
| 3:2020cv01100 |
| October 19, 2020 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 24 RESPONSE to #19 Waiver of Service Executed (Motion for Preliminary Injunction) filed by Rob Jeffreys, Anthony Wills. (White, Ashley) |
Filing 23
ORDER denying #22 Motion for Copy. Plaintiff seeks a copy of Defendants' response to his motion for preliminary injunction. The response has not yet been filed and, therefore, Plaintiff's request is denied. Signed by Judge Staci M. Yandle on 12/14/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 22 MOTION for Copy of Defendants Response to Request for Preliminary Injunction by Charles E. Thornton. (jaj) |
| Filing 21 NOTICE of Appearance by Ashley Simone White on behalf of Rob Jeffreys, Anthony Wills (White, Ashley) |
| Filing 20 WAIVER OF SERVICE Returned Executed Rob Jeffreys waiver sent on 11/19/2020, answer due 1/19/2021. (tjk) |
| Filing 19 WAIVER OF SERVICE Returned Executed Anthony Wills waiver sent on 11/19/2020, answer due 1/19/2021. (tjk) |
| Filing 18 REQUEST FOR WAIVER of Service sent to Jeffreys and Wills on 11/19/2020. Waiver of Service due by 12/21/2020. (tjk) |
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Filing 17
HIPAA Qualified Protective Order. Signed by Judge Staci M. Yandle on 11/19/2020. (jaj)
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Filing 16
Order for Service of Process upon Rob Jeffreys and Anthony Wills (individual and official capacities). COUNTS 1 and 3 WILL PROCEED against ROB JEFFREYS, ANTHONY WILLS, JOHN DOE 1, JANE DOE 1, and JANE DOE 2. The claim in COUNT 2 WILL PROCEED against JEFFREYS, WILLS, JANE DOE 1, and JANE DOE 2 but is DISMISSED without prejudice as to JOHN DOE 1. The Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #13 ) is DENIED as to the request for a TRO. A ruling on the request for a preliminary injunction is DEFERRED and Defendants are ORDERED to file a response to the request within thirty days of service. The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge Staci M. Yandle on 11/18/2020. (ksp)
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| Filing 15 FIRST AMENDED COMPLAINT against Jane Doe 1, John Doe 1, Jane Doe 2, Rob Jeffreys, Anthony Willsfiled by Charles E. Thornton.(jaj) |
| Amended Complaint due by 12/21/2020. (jaj) |
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Filing 14
ORDER granting #12 Motion for Extension of Time to Amend; deadline to file First Amended Complaint extended to December 21, 2020. If Plaintiff fails to file his First Amended Complaint, the case will be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. The dismissal will count as one of Plaintiffs three allotted "strikes" under 28 U.S.C. 1915(g). Signed by Judge Staci M. Yandle on 11/9/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 MOTION for Temporary Restraining Order by Charles E. Thornton. (jaj) |
| Filing 12 MOTION for Extension of Time to File an Amended Complaint by Charles E. Thornton. No proposed A/C was received this date. (jaj) |
| Initial Prisoner Filing Fee: $ 28.31 received, receipt number 44625013489 (kdw) |
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Filing 11
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $3.31. 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 Menard Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 10/26/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Amended Complaint due by 11/20/2020. (jaj) |
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Filing 10
ORDER. The Motion for Temporary Restraining Order (Doc. 2) is DENIED and Plaintiff's Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Plaintiff is GRANTED leave to file a First Amended Complaint on or before NOVEMBER 20, 2020. If Plaintiff fails to file his First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the case will be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. The dismissal will count as one of Plaintiffs three allotted "strikes" under 28 U.S.C. 1915(g). Signed by Judge Staci M. Yandle on 10/21/2020. (ksp)
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| Filing 9 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned 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). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 7 DOCKET ANNOTATION - Letter at Document 6 replaced this date, as the incorrect letter was attached originally. No further action required. (jaj) |
| Filing 6 Letter from Plaintiff to the Court regarding case number. (jaj) |
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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 20-1100-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 10/19/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| 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 10/19/2020. Consent due by 11/9/2020 (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Charles E. Thornton. (jaj) |
| Filing 2 MOTION for Temporary Restraining Order by Charles E. Thornton. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Charles E. Thornton.(jaj) |
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