Smith v. Knight et al
| Adam Smith |
| C/O Knight, John Doe 1, John Doe 2 and Anthony Wills |
| 3:2023cv01297 |
| April 20, 2023 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.
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Filing 41
NOTICE of Appearance by Tara Marie Barnett on behalf of C/O Knight, Anthony Wills (Barnett, Tara)
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Filing 40
ORDER denying #39 Motion to Direct Law Librarian to Send Plaintiff His Documents. The Clerk is DIRECTED to send Plaintiff a copy of his motion at Doc. #22 and a copy of the Order at Doc. 36 . Signed by Chief Judge Nancy J. Rosenstengel on 6/8/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 39
MOTION to Direct Law Librarian to Send Plaintiff His Documents Concerning Case by Adam Smith. (adh)
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Filing 38
MOTION TO RECONSIDER #37 Order on Motion for Leave to File, Order on Motion for Miscellaneous Relief by Adam Smith. (adh)
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Filing 37
ORDER denying 19 Motion for Leave to File; denying as moot #29 Motion for inquiry. The Clerk of Court is DIRECTED to send Smith a Section 1983 Complaint form. Signed by Chief Judge Nancy J. Rosenstengel on 6/6/2023. (anp)
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Filing 36
ORDER denying as moot #34 Motion To Expedite Order on Corrected Second Urgent Motion for Preliminary Injunction. The Court has already ruled on Plaintiff's second motion for preliminary injunction and directed defense counsel to come to the evidentiary hearing prepared to discuss the availability and relevance of the requested video footage. Signed by Chief Judge Nancy J. Rosenstengel on 6/6/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 35
ORDER re #12 MOTION for Preliminary Injunction filed by Adam Smith. Given the troubling allegations raised in the motion and Plaintiff's various supplements (Docs. 24, 28, and 31), the Court set this matter for hearing. Plaintiff is ordered to appear via video conference and the Court will issue a video writ for his appearance. Defense counsel SHALL be prepared, to the extent possible, to discuss Plaintiff's current cell conditions and his status in segregation. Defendants shall respond to the request for a preliminary injunction on or before June 22, 2023. To the extent that Plaintiff seeks video footage of his cell (Docs 12 and 28), those requests are DENIED without prejudice but defense counsel shall be prepared to discuss the availability and relevance of the requested footage. Because the deadline to respond has been reset, Plaintiff's motion for default (Doc. 26) is DENIED as moot. Signed by Chief Judge Nancy J. Rosenstengel on 6/6/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 33
VIDEO WRIT ISSUED as to Adam Smith S15953 to be held June 29, 2023 at 1:30 PM before Chief Judge Nancy J. Rosenstengel. (drb)
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Filing 32
NOTICE AND ORDER: A hearing as to #12 Motion for Preliminary Injunction is SET for 6/29/2023 at 1:30 PM via video conference before Chief Judge Nancy J. Rosenstengel. IDOC and the Warden of Menard Correctional Center shall arrange to have Adam Smith S15953 present at that date and time. A video writ will be issued for Plaintiff's appearance. Information regarding the video conference will be sent by email to all parties. Full access to this hearing will be available remotely to the public by calling toll free 1-877-336-1831, when prompted enter Access Code 9139610. Signed by Chief Judge Nancy J. Rosenstengel on 6/6/2023. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 34
MOTION To Expedite Order on Corrected Second Urgent Motion for Preliminary Injunction by Adam Smith. (adh)
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Filing 31
SUPPLEMENT by Adam Smith. Supplement to #28 Motion for Preliminary Injunction. (adh)
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Filing 30
ORDER DIRECTING PRISONER PAYMENT: Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $0.17. 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 Menard Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 6/1/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 29
MOTION for Inquiry by Adam Smith. (jaj)
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Filing 28
URGENT MOTION for Preliminary Injunction by Adam Smith. (jaj)
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Filing 27
JUDICIAL NOTICE by Adam Smith re: Proposed Amended Complaint. (jaj)
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Filing 26
MOTION for Entry of Default by Adam Smith. (jaj)
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Filing 25
ORDER denying as moot #22 Motion for Writ of Habeas Corpus ad testificandum. To the extent Plaintiff seeks to have an inmate testify at a hearing on his motion for preliminary injunction, a hearing on the motion has not yet been set. Should the Court determine that a hearing is necessary, the Court will set the motion for hearing and, at that time, Plaintiff may file a motion seeking witness testimony. The Court has received the witness's affidavit and will consider it as a supplement to Plaintiff's motion for preliminary injunction. To the extent that Plaintiff sent the Court physical evidence (Docs. 20, 21), which Plaintiff indicated was a sample of mold and paint chips, the Court does not retain such specimens, nor does it conduct scientific testing as Plaintiff requests (see Doc. 21). Plaintiff should retain any physical specimens as evidence for his own records. Signed by Chief Judge Nancy J. Rosenstengel on 5/22/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 24
SUPPLEMENT by Adam Smith. Supplement to #12 Motion for Preliminary Injunction. (kare)
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Filing 23
NOTICE to the Court by Adam Smith re #22 MOTION for Writ of Habeas Corpus ad testificandum (jaj)
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Filing 22
MOTION for Writ of Habeas Corpus ad testificandum by Adam Smith. (jaj)
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Filing 21
PHYSICAL/TANGIBLE EVIDENCE for testing by Adam Smith. (jaj)
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Filing 20
Letter from Plaintiff to the Court regarding filings submitted via mail. (jaj)
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Filing 19
MOTION for Leave to File Amended Complaint by Adam Smith. Proposed Amended Complaint received and under review. (jaj)
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Filing 18
ORDER re #12 MOTION for Preliminary Injunction filed by Adam Smith. Warden Wills is DIRECTED to respond to Smith's motion by May 23, 2023. Smith's #16 motion to expedite ruling on the motion is DENIED as moot. Signed by Chief Judge Nancy J. Rosenstengel on 5/9/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
ORDER denying #13 Motion to Supplement; denying #15 Motion for Reconsideration filed by Adam Smith. Signed by Chief Judge Nancy J. Rosenstengel on 5/9/2023. (anp)
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Set/Reset Deadlines as to #12 MOTION for Preliminary Injunction. Responses due by 5/23/2023. (anp)
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Filing 16
MOTION to Expedite re #12 MOTION for Preliminary Injunction by Adam Smith. (jaj)
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Filing 15
MOTION for Reconsideration of Dismissal of Counts 5 & 8 and for Leave to Add an Additional Related Claim by Adam Smith. (jaj)
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Filing 14
Prisoner Trust Fund Account Statement by Adam Smith. (jaj)
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Filing 13
MOTION for Leave to Add Second Additional Claim by Adam Smith. (jaj)
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Filing 12
MOTION for Preliminary Injunction by Adam Smith. (jaj)
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Filing 10
WAIVER OF SERVICE Returned Executed C/O Knight waiver sent on 4/27/2023, answer due 6/26/2023; Anthony Wills waiver sent on 4/27/2023, answer due 6/26/2023. (tjk)
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Filing 11
Prisoner Trust Fund Account Statement by Adam Smith. (adh)
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Filing 9
REQUEST FOR WAIVER of Service sent to WARDEN ANTHONY WILLS and OFFICER KNIGHT. Waiver of Service due by 5/30/2023. (tjk)
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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. 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 10/1/2022 to 4/20/2023 no later than 45 days from the date of this order. The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Menard Correctional Center. (Trust Fund Statement due on or before 6/12/2023). Signed by Chief Judge Nancy J. Rosenstengel on 4/27/2023. (tjk)
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Filing 7
ORDER FOR SERVICE OF PROCESS on WARDEN ANTHONY WILLS (individual and official capacities), OFFICER KNIGHT (individual capacity), and OFFICERS JOHN DOE 1 and 2 (individual capacities, once identified); GRANTING #2 Motion for Leave to Proceed in forma pauperis; and GRANTING in part DENYING in part #5 Motion for Expedited Review / Hearing. COUNTS 1, 2, 4, 7, and 9 survive preliminary review, but COUNTS 3, 5, 6, and 8 are DISMISSED. Plaintiff's initial partial filing fee will be assessed by separate Court Order. Signed by Chief Judge Nancy J. Rosenstengel on 4/27/2023. (jsy)
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Filing 6
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 5
MOTION to Expedite Merit Review Hearing by Adam Smith. (jaj)
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Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 23-1297-NJR. 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 Chief Judge Nancy J. Rosenstengel on 4/20/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 257 and 341, 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 4/20/2023. Consent due by 5/11/2023 (jaj)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Adam Smith. (jaj)
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Filing 1
COMPLAINT against All Defendants filed by Adam Smith.(jaj)
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