Wachter v. Director of IDOC et al
| Marc Wachter |
| Director of IDOC and Daniel Monte |
| 3:2023cv02428 |
| July 13, 2023 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 MOTION to Issue HIPAA Protective Order by Marc Wachter. (kare) |
| Filing 13 First AMENDED COMPLAINT against All Defendants, filed by Marc Wachter.(kare) |
| Filing 12 Initial Prisoner Filing Fee: $ 21.94 received, receipt number 4821 (clw) |
Filing 11
ORDER: In the Complaint, Plaintiff alleges he has been placed in segregation for refusing housing when he was assigned to a cell with a cellmate. He asserts that for his safety he has two standing orders to be single celled. While in segregation he has been on a hunger strike. He requests "preliminary/permanent injunctive relief for all protected classes and individuals" in Centralia Correctional Center and all of IDOC. (Doc. #1 , p. 16). "A preliminary injunction is an extraordinary remedy intended to preserve the status quo until the merits of a case may be resolved." Ind. Civil Liberties Union v. O'Bannon, 259 F.3d 766, 770 (7th Cir. 2001). In order to obtain preliminary injunctive relief, Plaintiff must demonstrate that: (1) his underlying case has some likelihood of success on the merits; (2) no adequate remedy at law exists; and (3) he will suffer irreparable harm without the injunction. Woods v. Buss, 496 F.3d 620, 622 (7th Cir. 2007). Plaintiff's request fails to meet any of these requirements. Notably, he has not specified the type of injunctive relief he is seeking, and he cannot assert the rights of or seek relief on behalf of other inmates. Furthermore, Plaintiff has not filed a separate motion for his preliminary injunction pursuant to Federal Rules of Civil Procedure 7 and 65. For these reasons, the request for a preliminary injunction is DENIED. Signed by Judge Stephen P. McGlynn on 8/2/2023. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Amended Pleadings due by 8/31/2023. (jaj) |
|
Filing 10
ORDER granting #8 Motion for Extension of Time. This case was opened on July 13, 2023, and the Complaint is awaiting review pursuant to 28 U.S.C. 1915A. Plaintiff has filed a motion seeking 30 days to file an amended complaint. Under Federal Rule of Civil Procedure 15(a)(1)(A), "a party may amend its pleading once as a matter of course within [ ] 21 days after serving it." Plaintiff's motion was filed within the time to amend his pleading once as a matter of course and, therefore, the motion is GRANTED. Plaintiff shall have 30 days to file an amended complaint. The First Amended Complaint will be subject to preliminary review by the Court pursuant to Section 1915A. Signed by Judge Stephen P. McGlynn on 7/31/2023. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 9
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #5 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $14.42. 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 Centralia Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 7/24/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 8 MOTION for Extension of Time by Marc Wachter. (kare) |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
|
Filing 6
ORDER: The Court has received your motion to proceed without prepayment of the filing fee. 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. 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 Stephen P. McGlynn on 7/17/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Marc Wachter. (kare) |
| 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 7/13/2023. Consent due by 8/3/2023 (kare) |
| Filing 3 Docket Annotation - Case was originally opened using incorrect case number, all pleadings shall proceed under 23-2428-SPM. (kare) |
|
Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 23-2428-SPM. 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 Stephen P. McGlynn on 7/13/2023. (kare)
|
| Filing 1 COMPLAINT against All Defendants, filed by Marc Wachter.(kare) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
