Fillmore v. Jeffreys et al
| Aaron Fillmore |
| Rob Jeffreys, M Wise, Lori Cunningham and Percy Myers |
| 3:2022cv02705 |
| November 18, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER: Defendants' Motion for an Extension #20 is GRANTED. Counsel seeks additional time to await the receipt of documentation that she believes is necessary to respond to the pending motion for a preliminary injunction. Counsel avers that she has already received some documents, but is awaiting a few more. As this is the second requested extension, no further extension will be granted absent truly extraordinary circumstances. Defendants' response must be filed by January 19, 2023. Signed by Judge David W. Dugan on 1/13/2023. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 20 MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction by Rob Jeffreys. (Szewczyk, Erica) |
| Filing 19 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Szewczyk, Erica) |
| Filing 18 NOTICE: Rob Jeffreys 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, Rob Jeffreys shall return the form within 7 days or face possible sanctions. Consent due by 1/3/2023 (aza) |
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Filing 17
ORDER: Defendant Jeffreys moved #14 for additional time to respond to Plaintiff's Motion for a Preliminary Injunction. Plaintiff filed an Order to Show Cause #15 , wherein he seeks immediate injunctive relief. Plaintiff's core contention is that he needs a waist chain or front-cuff permit because being cuffed behind his back causes pain. The Court appreciates the limits that Plaintiff identifies on his day-to-day life without the relief sought, but an additional delay of a short period of time for Defendant to respond to the motion for a preliminary injunction does not appear likely to cause severe and irreparable harm. Defendant Jeffreys' Motion for an Extension #14 is GRANTED, and a ruling on Plaintiff's Motion for an Order to Show Cause #15 is DEFERRED until Defendant responds to the motion for a preliminary injunction. Defendant Jeffreys must respond to the Motion for a Preliminary Injunction by January 5, 2023. Signed by Judge David W. Dugan on 12/23/2022. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 SECOND REQUEST FOR WAIVER of Service sent to Percy Myers on 12/21/2022. Waiver of Service due by 1/20/2023. (tjk) |
| Filing 15 MOTION for Order to Show Cause in Support of #2 by Aaron Fillmore. (jaj) |
| Filing 14 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Temporary Restraining Order by Rob Jeffreys. (Szewczyk, Erica) |
| Filing fee: $ 402.00, receipt number 1374 (bmc) |
| Filing 13 NOTICE FROM CLERK Instructing Rob Jeffreys 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 Rob Jeffreys on 12/02/2022. Consent due by 12/23/2022 (aza) |
| Filing 12 NOTICE of Appearance by Erica Szewczyk on behalf of Rob Jeffreys (Szewczyk, Erica) |
| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 10 WAIVER OF SERVICE Returned Executed Rob Jeffreys waiver sent on 11/22/2022, answer due 1/23/2023. (tjk) |
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Filing 9
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 11/23/2022. (kdw)
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| Filing 8 REQUEST FOR WAIVER of Service sent to Jeffreys, Wise, and Myers on 11/22/2022. Waiver of Service due by 12/22/2022. (tjk) |
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Filing 7
Order for Service of Process: As explained in this Order, Plaintiff may proceed on Claims 1 and 2 against Defendant Jeffreys, on Claim 3 against Wise for deliberate indifference to Plaintiff's pain, and on Claim 3 against Wise and Myers for deliberate indifference by denial of the medical permit for handcuffs. Claim 4 shall proceed against Wise for retaliation. The Clerk of Court is DIRECTED to serve Defendants Jeffreys, Wise, and Myers as explained in this Order. By contrast, Claim 3 against Defendant Cunningham for deliberate indifference is dismissed for failure to state a claim. The Clerk is DIRECTED to TERMINATE Defendant Cunningham, because Claim 3 was the only claim against Cunningham. Defendants are DIRECTED to respond to Plaintiff's Motion for a Preliminary Injunction (Doc. 2) within 14 days of service. The Clerk is DIRECTED to enter a standard HIPAA order in this case. Signed by Judge David W. Dugan on 11/22/2022. (kgk)
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Filing 6
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #3 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from Fillmore's affidavit that he is indigent. Plaintiff's trust fund account balance as of November 15, 2022 was $1,670.74 (Doc. #3 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #3 ). Plaintiff shall pay the $402.00 filing fee no later than December 21, 2022. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). 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). Signed by Judge David W. Dugan on 11/21/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 22-2705-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 11/21/2022. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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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 11/21/22. Consent due by 12/12/2022 (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Aaron Fillmore. (jaj) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law by Aaron Fillmore. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Aaron Fillmore.(jaj) |
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