Davenport v. Grissom et al
| Faron Davenport |
| Warden Grissom, Vienna Correctional Center, Vienna Correctional Center Healthcare, John Doe and Nurse Practitioner |
| 3:2022cv00027 |
| January 7, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 29
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $45.17. 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 Vienna Correctional Center upon entry of this Order. Signed by Judge David W. Dugan on 2/16/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 RESPONSE to 25 Order filed by Faron Davenport. (jaj) |
| Filing 27 Prisoner Trust Fund Account Statement. (jaj) |
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Filing 26
ORDER DENYING #24 Motion for Miscellaneous Relief without prejudice for all of the reasons set forth in the Order entered at Doc. 25. Signed by Judge David W. Dugan on 2/1/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 25
ORDER CONSTRUING #14 #20 #22 Letters and #16 #17 #21 #23 Responses collectively as Motion for Preliminary Injunction and DENYING without prejudice. In them, Plaintiff clarifies that the 10 Order entered January 12, 2022, should reflect that he is seeking relief against the named defendants for their refusal to "accept the medical doctors orders and permits" for a low bunk/low gallery/slow walk/crutches/single cell at the time he transferred from Stateville to Vienna Correctional Center in December 2021. Although the Court notes this, the Court cannot discern whether this violation of Plaintiff's rights is ongoing. If Defendants are still ignoring these medical orders and permits at Vienna, Plaintiff may file a motion for preliminary injunction and/or temporary restraining order under Fed. R. Civ. P. 65 seeking enforcement of his doctor's orders/permits. To date, he has not done so. Instead, he seeks a prison transfer for retaliation by prison officials (Lt. Plummer and Major John doe) who are not named as defendants in this action. He also alleges the "facility" has tampered with a test score, issued him false disciplinary reports, threatened segregation, forced him to sign medical refusals, issued mandatory healthcare call passes, and plotted to lure him outside the facility for medical x-rays. A preliminary injunction and/or temporary restraining order is appropriate only if it addresses a matter presented in the underlying suit and seeks relief of the same character sought in the underlying suit. See Daniels v. Dumsdorff, No. 19-cv-394-NJR, 2019 WL 3322344, at *1 (S.D. Ill. July 24, 2019); Hallows v. Madison County Jail, No. 18-cv-881-JPG, 2018 WL 2118082, at *6 (S.D. Ill. May 8, 2018) (internal citations omitted); see also Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994) ("[A] party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed in the party's motion and the conduct asserted in the complaint."). Because these alleged violations are not connected to misconduct by a named defendant, Plaintiff's letters/responses have not provided sufficient grounds for interim relief at this time. Signed by Judge David W. Dugan on 2/1/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 24 MOTION for Miscellaneous Relief by Faron Davenport. (jaj) |
| Filing 23 RESPONSE (Statement of Claim) to 10 Order filed by Faron Davenport. (jaj) |
| Filing 22 Letter from Plaintiff to the Court. (jaj) |
| Filing 21 RESPONSE (Statement of Claim) to 10 Order,,,, filed by Faron Davenport. (kare) |
| Filing 20 Letter to the Court from Faron Davenport (kare) |
| Filing 19 Prisoner Trust Fund Account Statement by Faron Davenport. (jaj) |
| Filing 18 Prisoner Trust Fund Account Statement by Faron Davenport. (jaj) |
| Filing 17 RESPONSE (Statement of Claim) to 10 Order filed by Faron Davenport. (jaj) |
| Filing 16 RESPONSE (Statement of Claim) to 10 Order filed by Faron Davenport. (jaj) |
| Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 14 Letter to the Court from Plaintiff. (jaj) |
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Filing 13
ORDER: In Plaintiff's Response to the 10 Order seeking clarification about his request for relief, Plaintiff states that he seeks money damages, and he withdraws his request for immediate release in the Complaint. Plaintiff's Response does not appear to include a request for interim or injunctive relief. Plaintiff is again reminded that he may request interim relief at any time during the pending action, if he believes relief is necessary. To do so, Plaintiff should file a motion for preliminary injunction and/or temporary restraining order pursuant to Federal Rule of Civil Procedure 65. He should include an affidavit that clearly states what relief he requires during the pending action and also set forth the facts that support his request for relief. Signed by Judge David W. Dugan on 1/19/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 RESPONSE (Statement of Claim) to 10 Order filed by Faron Davenport. (jaj) |
| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 10
ORDER: Plaintiff filed a #1 Complaint pursuant to 42 U.S.C. 1983 against Vienna Correctional Center officials who refused to issue him a low bunk/gallery permit and denied him medical care for serious injuries he sustained in a fall on December 30, 2021. He seeks immediate release from custody and monetary relief. (Doc. 1, p. 9). Plaintiff does not explain why he requires immediate release from custody, and this is not the type of relief that this Court grants under Section 1983. To the extent Plaintiff seeks interim relief in the form of a medical permit and/or treatment, however, he is free to request it at any time during the pending action by filing a separate motion for a temporary restraining order and/or preliminary injunction under Federal Rule of Civil Procedure 65. There, Plaintiff should include an affidavit that sets forth the exact interim relief he requires and a brief statement of the facts that support his request for the relief. Signed by Judge David W. Dugan on 1/12/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 SUPPLEMENT by Faron Davenport. Supplement to #1 Complaint. (jaj) |
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Filing 8
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 7/1/2021 to 1/5/2022 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 Vienna Correctional Center. (Trust Fund Statement due on or before 2/24/2022). Signed by Judge David W. Dugan on 1/10/2022. (tjk)
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Filing 7
NOTICE AND ORDER: This Court has received your complaint and your motion to proceed without prepayment of the filing fee from the Central District of Illinois, previously assigned case number: 22-2003. Your new case number is 22-27-DWD. 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 David W. Dugan on 1/7/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 NOTICE FROM CLERK Instructing Davenport 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 Davenport on 1/7/2022. Consent due by 1/28/2022 (tjk) |
| Filing 5 Case Reassigned to Judge David W. Dugan. Judge J. Phil Gilbert no longer assigned to the case. (amv) |
| Filing 4 Case transferred in from District of Illinois Central; Case Number 2:22-cv-02003. Original file certified copy of transfer order and docket sheet received. |
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TEXT ORDER entered by Judge Sue E. Myerscough on 1/6/2022. Plaintiff, who is currently incarcerated in Vienna Correctional Center, has filed a lawsuit in the Central District of Illinois regarding the denial of a low bunk permit and other necessary medical treatment at Vienna Correctional Center. Venue for federal civil rights actions is governed by 28 U.S.C. 1391(b). According to that statute, such actions may be brought only in (1) the judicial district where any defendant resides (if all defendants reside in the same State), (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. It appears that a substantial part of the events or omissions giving rise to the claims in this lawsuit occurred in Vienna Correctional Center, which is situated in the federal judicial district for the Southern District of Illinois. 28 U.S.C. 93. The court therefore finds that venue over this proceeding is in the Southern District of Illinois, and that it is in the interests of justice that this cause be transferred there. See 28 U.S.C. 1404(a). No summons shall issue in this action unless directed by the transferee court. The clerk is directed to transfer this case to the Southern District of Illinois. (KB) [Transferred from Illinois Central on 1/7/2022.]
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| Filing 3 MOTION to Request Counsel by Plaintiff Faron Davenport. Responses due by 1/19/2022 (KE) [Transferred from Illinois Central on 1/7/2022.] |
| Filing 2 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Faron Davenport.(KE) [Transferred from Illinois Central on 1/7/2022.] |
| Filing 1 COMPLAINT against All Defendants, filed by Faron Davenport. (Attachments: #1 Exhibits, #2 Scanning Page)(KE) [Transferred from Illinois Central on 1/7/2022.] |
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