Wheeler v. Mitchelle et al
| David Wheeler |
| David Mitchelle, Christel Crow, John Doe and Christine Brown |
| 3:2022cv01624 |
| July 21, 2022 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
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Filing 26
ORDER RE #25 [Third] Motion for Recruitment of Counsel. Civil litigants do not have a constitutional or statutory right to counsel. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). A district court considering an indigent plaintiff's request for counsel must first consider whether the plaintiff has made reasonable attempts to secure counsel on his own or been effectively precluded from doing so; and, if so, whether the difficulty of the case factually and legally exceeds his capacity as a layperson to present it. Id. at 654-655. Only the second factor is at issue here. 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."). After consideration of the Pruitt factors, the motion is DENIED. Signed by Judge Staci M. Yandle on 9/6/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 25
MOTION for Reconsideration re 15 Order on Motion to Appoint Counsel,,, by David Wheeler. (kare)
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Filing 24
RESPONSE to Motion re #10 MOTION for Preliminary Injunction filed by Christine Brown, Christel Crow, David Mitchelle. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barnett, Tara)
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Filing 23
NOTICE of Appearance by Tara Marie Barnett on behalf of Christine Brown (Barnett, Tara)
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Filing 22
WAIVER OF SERVICE Returned Executed Christine Brown waiver sent on 8/4/2022, answer due 10/3/2022. (tjk)
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Filing 21
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Barnett, Tara)
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Filing 20
NOTICE FROM CLERK Instructing Defendants Christel Crow and David Mitchelle 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 Defendant on 8/22/22. Consent due by 9/12/2022. (amv)
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Filing 19
ORDER. The Motion for Extension of Time (Doc. 18) is GRANTED. The deadline to respond to Plaintiff's Motion for Preliminary Injunction is extended to September 1, 2022. There will be no further extensions of this deadline. Signed by Judge Staci M. Yandle on 8/22/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
MOTION for Extension of Time by Christel Crow, David Mitchelle. (Barnett, Tara)
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Filing 17
NOTICE of Appearance by Tara Marie Barnett on behalf of Christel Crow, David Mitchelle (Barnett, Tara)
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Filing 16
WAIVER OF SERVICE Returned Executed Christel Crow waiver sent on 8/4/2022, answer due 10/3/2022; David Mitchelle waiver sent on 8/4/2022, answer due 10/3/2022. (tjk)
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Filing 15
ORDER RE #14 Second Motion for Recruitment of Counsel. Civil litigants do not have a constitutional or statutory right to counsel. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). A district court considering an indigent plaintiff's request for counsel must first consider whether the plaintiff has made reasonable attempts to secure counsel on his own or been effectively precluded from doing so; and, if so, whether the difficulty of the case factually and legally exceeds his capacity as a layperson to present it. Id. at 654-655. On July 22, 2022, the Court advised Plaintiff that if he chose to renew his request for recruitment of counsel, he must submit proof of indigency. He has not done so and therefore, the motion is DENIED. Signed by Judge Staci M. Yandle on 8/10/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
MOTION to Appoint Counsel by David Wheeler. (jaj)
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Filing 13
HIPAA Qualified Protective Order. Signed by Judge Staci M. Yandle on 8/4/2022. (kare)
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Filing 12
REQUEST FOR WAIVER of Service sent to Christel Crow, Christine Brown, and David Mitchell on 8/4/2022. Waiver of Service due by 9/6/2022. (tjk)
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Filing 11
Order for Service of Process upon Christel Crow, Christine Brown, and David Mitchell. Following preliminary review of the Complaint (Doc. 1) under 28 U.S.C. 1915A, Count 1 will proceed against Christel Crow, John Doe, and Christine Brown, in their individual capacities, and against David Mitchell in his individual capacity and in his official capacity as the Warden of Pinckneyville Correctional Center. The official capacity claims against Crow, Brown, and John Doe are DISMISSED without prejudice. A ruling on the Motion for Preliminary Injunction (Doc. 10) is DEFERRED. Defendants are ORDERED to respond to the motion within 14 days of service. Finally, based on the allegations in the Complaint, 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 8/4/2022. (ksp)
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Filing 10
MOTION for Preliminary Injunction by David Wheeler. (kare)
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Filing 9
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
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Filing 8
ORDER: On July 25, 2022, Plaintiff paid $400.00 toward the $402.00 filing fee for this case. Effective December 1, 2020, the filing fee for a civil case was increased to $402.00, by the addition of a new $52.00 administrative fee for filing a civil action, suit, or proceeding in a district court. See Judicial Conference Schedule of Fees - District Court Miscellaneous Fee Schedule, 28 U.S.C. Section 1914, No. 14. Plaintiff shall pay the remaining $2.00 of the filing fee for this case no later than August 29, 2022. 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 Pinckneyville Correctional Center upon entry of this Order. (Action due by 8/29/2022). Signed by Judge Staci M. Yandle on 7/28/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 7
Initial Prisoner Filing Fee: $ 400.00 received, receipt number 44625014830 (csb)
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Filing 6
ORDER re Complaint (Doc. 1). In the request for relief, Plaintiff seeks "immediate" injunctive relief. Plaintiff did not file a separate motion in support of the request, however, and he did not set forth the reasons he is entitled to this relief under Federal Rules of Civil Procedure 65. If Plaintiff wishes to pursue the request, he must file a separate motion for preliminary injunction and/or temporary restraining order on or before August 22, 2022. Failure to do so will result in denial of the request without prejudice. Signed by Judge Staci M. Yandle on 7/22/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
ORDER. Plaintiff's Motion for Recruitment of Counsel (Doc. #2 ) is DENIED. The Court generally will not consider recruiting counsel for an indigent 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 must submit proof of indigency. Signed by Judge Staci M. Yandle on 7/22/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Set Deadlines: Motion for preliminary injunction and/or temporary restraining order due by 8/22/2022. (amv)
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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 7/21/2022. Consent due by 8/11/2022 (kare)
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Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 22-1624-SMY. Within 30 days of the entry of this Order, you are ORDERED to submit the $402.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). 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 7/21/2022. (kare)
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Filing 2
MOTION to Appoint Counsel by David Wheeler. (kare)
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Filing 1
COMPLAINT against All Defendants, filed by David Wheeler.(kare)
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