Broomfield v. Pritzker et al
| Henry Broomfield |
| J. B. Pritzker, Rob Jeffreys, Warden Nichols, C/O Papke, C/O Coy and Sonya Nichols |
| 3:2021cv01579 |
| December 6, 2021 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 19 AMENDED COMPLAINT against C/O Coy, Warden Nichols, C/O Papke, J. B. Pritzkerfiled by Henry Broomfield.(jaj) |
| Filing 18 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 17 NOTICE to the Court by Henry Broomfield. (jaj) |
| Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
Filing 15
ORDER DENYING #14 Motion for Declaratory Judgment. Plaintiff initiated this lawsuit with a Complaint that was missing a statement of claim and request for relief (Doc. 1). The Complaint was dismissed without prejudice pursuant to 28 U.S.C. 1915A for failure to state a claim for relief and Plaintiff was granted leave to file a First Amended Complaint within 30 days (Doc. 9 ). Plaintiff subsequently filed a Motion for Declaratory Judgment. (Doc. #14 ). The motion addresses events subsequent to the filing of this lawsuit and appears to be seeking injunctive relief. Because there is not an operative Complaint and Plaintiff has not stated a colorable claim against any defendant, Plaintiff is not entitled to injunctive relief. See Tully v. Okeson, 977 F.3d 608, 612-13 (7th Cir. 2020) (a party seeking a injunctive relief must make a threshold showing that: "(1) absent preliminary injunctive relief, he will suffer irreparable harm in the interim prior to a final resolution; (2) there is no adequate remedy at law; and (3) he has a reasonable likelihood of success on the merits."). Accordingly, the motion is DENIED. Signed by Judge Staci M. Yandle on 1/3/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 MOTION for Declaratory Judgment by Henry Broomfield. (jaj) |
| Filing 13 NOTICE: Plaintiff 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, Plaintiff 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 1/3/2022 (jaj) |
| Initial Prisoner Filing Fee: $ 38.45 received, receipt number 34625110875 (jlh) |
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Filing 12
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 $38.45. 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 Vandalia Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 12/10/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 Prisoner Trust Fund Account Statement by Henry Broomfield. (jaj) |
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Filing 10
ORDER DENYING #2 Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiff filed a Complaint against prison officials at Dixon Correctional Center, which was dismissed for failure to state a claim. Plaintiff is currently incarcerated at Vandalia Correctional Center and his motion relates to the circumstances at that facility. As such, the allegations in the motion are not related to the defendants. Further, Plaintiff seeks release from custody, which is not available in an action pursuant to 42 U.S.C. 1983. The United States Supreme Court has long held that the sole federal remedy for a state prisoner who is challenging the fact or duration of his physical confinement and seeking immediate or speedier release from imprisonment is a writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). For these reasons, the motion is DENIED. Signed by Judge Staci M. Yandle on 12/7/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
ORDER re #1 Complaint. Plaintiff filed a Complaint utilizing the civil rights complaint form approved for use in this District, but it is missing pages 5-6, Section IV, Statement of Claim. Without a statement of claim, Plaintiff's Complaint violates Federal Rule of Civil Procedure 8 which requires a short, plain statement of the case against each defendant and fails to state a claim upon which relief can be granted because it does not plead "enough facts to state a claim that is plausible on its face." See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). Additionally, the Complaint contains no Request for Relief. Accordingly, the Complaint is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. 1915A for failure to state a claim upon which relief may be granted. Plaintiff is GRANTED leave to file a First Amended Complaint within 30 days of the date of this Order. If Plaintiff fails to file his First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the entire case shall be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. The dismissal shall count as one of Plaintiffs three allotted "strikes" under 28 U.S.C. 1915(g). To enable Plaintiff to comply with this Order, the Clerk of Court is DIRECTED to send Plaintiff a civil rights complaint form. Signed by Judge Staci M. Yandle on 12/7/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
ORDER. Plaintiff's Motion for Recruitment of Counsel (Doc. #4 ) is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court conducts a preliminary review of the Complaint under 28 U.S.C. 1915A, which requires the Court to screen prisoner Complaints to filter out nonmeritorious claims. 28 U.S.C. 1915A(a). Given the early stage of the litigation, it is difficult to accurately evaluate the need for assistance of counsel, so the recruitment of counsel would be premature. See Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013) ("[U]ntil the defendants respond to the complaint, the plaintiff's need for assistance of counsel... cannot be gauged."). If Plaintiff's Complaint survives Section 1915A review, and he encounters difficulties in self-representation as this case proceeds, he may refile his motion seeking recruitment of counsel. If he chooses to renew his request, he should submit rejection letters from at least 3 attorneys to demonstrate that he has made reasonable efforts to obtain counsel on his own. Signed by Judge Staci M. Yandle on 12/7/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 7
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #3 ), 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 10/16/2021 to 12/6/2021 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 Vandalia Correctional Center. (Trust Fund Statement due on or before 1/21/2022). Signed by Judge Staci M. Yandle on 12/7/2021. (tjk)
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Filing 6
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 21-1579-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 12/6/2021. (jaj)
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| Filing 5 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 12/6/2021. Consent due by 12/27/2021 (jaj) |
| Filing 4 MOTION for Recruitment of Counsel by Henry Broomfield. (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Henry Broomfield. (jaj) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Henry Broomfield. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Henry Broomfield.(jaj) (Additional attachment(s) added on 12/6/2021: #1 Exhibit) (kek). |
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