Epps v. Sproul et al
| DeShawn Carlos Epps |
| Warden Sproul, AW Sosa, AW LeClair, Ms. Dunn, UM Byrum, UM Wallace, Lt. Henderson, Lt. Blair, Lt. Huggins and J. Hughes |
| 3:2022cv00514 |
| March 14, 2022 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
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This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
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Filing 19
ORDER Directing Monthly Payments be made from Prison Account of Epps, granting #11 MOTION for Leave to Proceed in forma pauperis filed by DeShawn Carlos Epps. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff's signed consent form, the Clerk shall mail a copy of this Memorandum and Order and an executed copy of the consent form to the Warden at Marion United States Penitentiary, as well as e-mail a copy of this Memorandum and Order and an executed copy of the consent form to the Trust Fund Management Staff at Marion United States Penitentiary. Signed by Judge Stephen P. McGlynn on 5/10/2022. (tjk)
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| Filing 18 EXHIBITS to #1 COMPLAINT and MOTION for Preliminary Injunction by DeShawn Carlos Epps. (kare) |
| Filing 17 MOTION to Appoint Counsel by DeShawn Carlos Epps. (kare) |
| Filing 16 Prisoner Trust Fund Account Statement by DeShawn Carlos Epps. (kare) |
| Filing 15 MOTION to Compel by DeShawn Carlos Epps. (kare) |
| Filing 14 RETURN OF SERVICE EXECUTED as to USAO on 5/2/2022. (tjk) |
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Filing 13
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #11 ), 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 trust fund account statement (or institutional equivalent) for the period 10/1/2021 to 3/14/2022 no later than 30 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 Marion United States Penitentiary. (Trust Fund Statement due on or before 5/31/2022). Signed by Judge Stephen P. McGlynn on 4/28/2022. (tjk)
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| Filing 12 MOTION to Appoint Counsel and Leave to Amend by DeShawn Carlos Epps. (kare) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by DeShawn Carlos Epps. (kare) |
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Filing 10
HIPAA Qualified Protective Order. Signed by Judge Stephen P. McGlynn on 4/26/2022. (jaj)
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| Filing 9 Summons Issued as to USA. (tjk) |
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Filing 8
ORDER: The Clerk of Court is DIRECTED to complete, on Plaintiff's behalf, a summons for service of process on the United States; the Clerk shall issue the completed summons. Pursuant to Federal Rule of Civil Procedure 4(i), the Clerk shall (1) personally deliver to or send by registered or certified mail addressed to the civil-process clerk at the office of the United States Attorney for the Southern District of Illinois a copy of the summons, the complaint, and this Memorandum and Order; and (2) send by registered or certified mail to the Attorney General of the United States at Washington, D.C., a copy of the summons, the complaint, and this Memorandum and Order. Signed by Judge Stephen P. McGlynn on 4/26/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 REQUEST FOR WAIVER of Service sent to J. Hughes on 4/26/2022. Waiver of Service due by 5/26/2022. (tjk) |
| Set Deadlines: Epps is DIRECTED to pay his filing fee or submit a properly completed IFP application by 5/9/2022. (amv) |
| Filing 6 MOTION for Extension of Time to File an Amended Complaint by DeShawn Carlos Epps. (kare) |
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Filing 5
ORDER: The Complaint survives preliminary review pursuant to Section 1915A. The Clerk of Court is DIRECTED to serve process on Hughes in accordance with this Order. The Clerk is further DIRECTED to TERMINATE Sproul, Sosa, LeClair, Dunn, Byrum, Wallace, Henderson, Blair, and Huggins as parties. The Clerk SHALL enter the standard qualified protective order pursuant to HIPAA. The #4 MOTION for Preliminary Injunction is DENIED. Epps is DIRECTED to pay his filing fee or submit a properly completed IFP application by May 9, 2022. This case will be dismissed if Epps fails to comply with this Order. See FED. R. CIV. P. 41(b). Signed by Judge Stephen P. McGlynn on 4/25/2022. (jrj)
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| Filing 4 MOTION for Emergency Injunction by DeShawn Carlos Epps. (kare) |
| Set/Reset Deadlines: Filing Fee due on or before 4/13/2022 (kare) |
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Filing 3
ORDER: The Court construes the #1 Motion for Preliminary Injunction as both a complaint and a motion. The Clerk of Court is DIRECTED to RENAME Doc. #1 as followings: Complaint and Motion for Preliminary Injunction by DeShawn Carlos Epps. The motion for preliminary injunction is DENIED. The requests regarding proceeding "as a poor person" and the production of the trust fund account is DENIED. Epps has until April 13, 2022, to pay the full filing fee or file a Motion to Proceed IFP, a certification form signed by an institutional officer, and a trust fund statement for the six month period immediately preceding the filing of this action. (See Doc. #2 ). Failure to do so will result in dismissal of this case. The request for the Court to order access to legal research and production of records is DENIED. Signed by Judge Stephen P. McGlynn on 3/16/2022. (jrj)
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| Filing 2 Case Opening Letter. (Attachments: #1 IFP Form) (kare) |
| Filing 1 COMPLAINT and MOTION for Preliminary Injunction by DeShawn Carlos Epps. (kare) Modified on 3/17/2022 (kare). |
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