Grady v. Aragona et al
Plaintiff: Michael Grady
Defendant: Eugene J. Aragona and John J. Franke
Case Number: 3:2020cv01206
Filed: November 6, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: J Phil Gilbert
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 29, 2020 Filing 15 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order by Michael Grady. (jaj)
December 8, 2020 Filing 14 WAIVER OF SERVICE Returned Executed John J. Franke waiver sent on 12/7/2020, answer due 2/5/2021. (tjk)
December 8, 2020 Filing 13 REQUEST FOR WAIVER of Service sent to Aragona on 12/8/2020. Waiver of Service due by 1/7/2021. (tjk)
December 7, 2020 Filing 12 REQUEST FOR WAIVER of Service sent to Franke on 12/7/2020. Waiver of Service due by 1/6/2021. (tjk)
December 7, 2020 Opinion or Order Filing 11 HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 12/7/2020. (jaj)
December 4, 2020 Opinion or Order Filing 10 ORDER FOR SERVICE on Defendants FRANKE and ARAGONA. COUNTS 1, 2, and 3 survive screening against both defendants in their individual capacities. Defendant FRANKE shall also be named as a defendant in his official capacity, and he shall be responsible for implementing any injunctive relief that is ordered in this case. Plaintiff's request for a preliminary injunction is DENIED without prejudice. He may renew his request for interim relief by filing a separate Motion for TRO and/or Preliminary Injunction at any time he deems it necessary. Because the claims arise from the alleged denial of medical care, the Clerk's Office is also DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge J. Phil Gilbert on 12/4/2020. (jsy)
November 25, 2020 Opinion or Order Filing 9 ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Plaintiff has been without funds for six months, he is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee. Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. 1915(b)(4). 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 mail a copy of this Order to the Trust Fund Officer at the Alton Law Enforcement Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 11/25/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 24, 2020 Filing 8 Prisoner Trust Fund Account Statement by Michael Grady. (jlrr)
November 19, 2020 Filing 7 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge J. Phil Gilbert. 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.
November 19, 2020 Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
November 10, 2020 Opinion or Order Filing 5 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 5/1/2020 to 11/6/2020 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 Alton Law Enforcement Center. (Trust Fund Statement due on or before 12/28/2020). Signed by Judge J. Phil Gilbert on 11/10/2020. (tjk)
November 6, 2020 Opinion or Order Filing 4 NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 20-1206-JPG. 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 J. Phil Gilbert on 11/6/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 6, 2020 Filing 3 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 11/6/2020. Consent due by 11/30/2020 (jaj)
November 6, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael Grady. (jaj)
November 6, 2020 Filing 1 COMPLAINT against All Defendants filed by Michael Grady. (Attachments: #1 Complaint, part 2) #2 Memorandum of Law in Support) (jaj).

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Plaintiff: Michael Grady
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Defendant: Eugene J. Aragona
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Defendant: John J. Franke
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