Berry v. Claude et al
| Teon Berry |
| Dr Claude, Charles Truitt, Rachel Dodd, Nurse Carie, Nurse Glendenning, Sgt Staley, Warden Loy and Warden |
| 3:2023cv02451 |
| July 14, 2023 |
| U.S. District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 29, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 25 WAIVER OF SERVICE Returned Executed Nurse Glendenning waiver sent on 7/21/2023, answer due 9/19/2023. (tjk) |
| Filing 24 SECOND REQUEST FOR WAIVER of Service sent to Dr Claude on 8/31/2023. Waiver of Service due by 10/2/2023. (tjk) |
| Filing 23 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 22 NOTICE of Appearance by Tara Marie Barnett on behalf of Sgt Staley, Warden (Barnett, Tara) |
| Filing 21 WAIVER OF SERVICE Returned Executed Sgt Staley waiver sent on 7/21/2023, answer due 9/19/2023. (tjk) |
| Filing 20 WAIVER OF SERVICE Returned Executed Warden waiver sent on 7/21/2023, answer due 9/19/2023. (tjk) |
| Filing 19 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 18 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge David W. Dugan. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 17 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 16 NOTICE: Teon Berry 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, Teon Berry shall return the form within 7 days or face possible sanctions. Consent due by 8/14/2023 (csb) |
| Filing 15 WAIVER OF SERVICE Returned Executed Nurse Carie waiver sent on 7/21/2023, answer due 9/19/2023. (tjk) |
| Filing fee: $ 402.00, receipt number 4696 (clw) |
| Filing 14 REQUEST FOR WAIVER of Service sent to Warden, Robinson CC on 7/21/2023. Waiver of Service due by 8/20/2023. (jaj) |
| Filing 13 REQUEST FOR WAIVER of Service sent to Sgt Staley on 7/21/2023. Waiver of Service due by 8/20/2023. (jaj) |
| Filing 12 REQUEST FOR WAIVER of Service sent to Nurse Carie on 7/21/2023. Waiver of Service due by 8/20/2023. (jaj) |
| Filing 11 REQUEST FOR WAIVER of Service sent to Dr Claude on 7/21/2023. Waiver of Service due by 8/20/2023. (jaj) |
| Filing 10 REQUEST FOR WAIVER of Service sent to Nurse Glendenning on 7/21/2023. Waiver of Service due by 8/20/2023. (jaj) |
Filing 9
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 7/21/2023. (kare)
|
|
Filing 8
Order for Service of Process: Claim 1 may proceed against Defendants Dr. Claude, Nurse Carie, Nurse Glendenning and Sgt. Staley and the Clerk of Court is DIRECTED to serve these parties consistent with this Order. The Clerk is also DIRECTED to serve the Warden of Robinson in his or her official capacity only for the sole purpose of implementing any future injunctive relief. By contrast, Plaintiff failed to state a claim against Defendants Charles Truitt, Rachel Dodd, or Warden Loy so the Clerk of Court is DIRECTED to TERMINATE these defendants. Plaintiff's Motion for a Temporary Restraining Order (Doc. 4) is DENIED, and his Motion for Counsel (Doc. 2) is DENIED. The Clerk of Court is DIRECTED to enter a HIPAA order in this case. Signed by Judge David W. Dugan on 7/20/2023. (kgk)
|
| Set/Reset Deadlines: Filing Fee due on or before 8/16/2023 (kare) |
|
Filing 7
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 Berry's affidavit that he is indigent. Plaintiff's trust fund account balance as of July 7, 2023 was $2,581.59 (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 August 16, 2023. 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 7/17/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 6
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 23-2451-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 7/14/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 5 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 7/14/2023. Consent due by 8/4/2023 (jaj) |
| Filing 4 MOTION for Recruitment of Counsel by Teon Berry. (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Teon Berry. (jaj) |
| Filing 2 MOTION for Temporary Restraining Order by Teon Berry. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Teon Berry. (Attachments: #1 Scanning cover sheet)(jaj) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. 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.
