Attaway v. Hallcon's Safety Director et al
| Micheal N.B. Attaway |
| Hallcon's Safety Director, Amazon, Carle Foundation Hospital, Crawford County Jail, Shawnee Correctional Center, IDOC, William Shanholtzer, Orange Crush/Black Crush, Wexford Health Services, Nurse Practitioner Alex, Zach Moore, Lt. Beals, Crawford Memorial Hospital, Nebraska Medical Hospital, Nurse Practitioner Amanda, Sgt. Dean, State of Illinois, Darren Galloway and Dr. David |
| 3:2023cv02613 |
| July 28, 2023 |
| U.S. District Court for the Southern District of Illinois |
| East St. Louis Office |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 27, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 32
MOTION to Update Party by Micheal N.B. Attaway. (jaj)
|
|
Filing 31
NOTICE: The Court has received from Plaintiff, Discovery Interrogatories and Request for Documents. These documents will not be filed as they would violate this Court's Local Rule 26.1(b). No discovery materials shall be filed. Your documents were received by e-mail, therefore, will not be returned to you. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 30
ORDER: The Court received Plaintiff's First Amended Complaint, along with ten motions on September 13, 2023. One of the motions requests for the Court to "hold of[f] on deciding the most recent motions," with the exception of the motion to proceed in forma pauperis, as Plaintiff is in the process of attempting to settle with the defendants. (Doc. #27 ). The motion to "hold off" is DENIED. The Court sees no reason to wait on ruling on the motions, as none of the motions require a response from the defendants. The Court DENIES Plaintiff's various requests for injunctive relief. (Doc. #19 , #20 , #23 , #24 ). Plaintiff filed this case pursuant to Section 1983, and he cannot seek release from custody under this statute (Doc. #19 ). See Preiser v. Rodriguez, 411 U.S. 475, 499 (1973). The Court will not order Shawnee Correctional Center to produce to Plaintiff his medical records, as the defendants have not been served and discovery has not commenced in this case (Doc. #20 ). Plaintiff also has not demonstrated he is entitled to a preliminary injunction in the form of an order of protection. (Doc. #23 ). Plaintiff claims he was attacked and raped by another inmate, but he has not provided any facts or details from which the Court can infer he still faces a specific threat of immediate and irreparable harm from this inmate. See Wright v. Miller, 561 F. Appx 551, 554 (7th Cir. 2014) ("a speculative fear of injury is not a ground for an injunction."). Finally, the Court will not enter a court order against Hallcon's Safety Director. The Court does not have jurisdiction over Hallcon's Safety Director, who was terminated as a party to this case and is not named as a defendant in the First Amended Complaint (Doc. #24 ). The motion requesting addresses of certain defendants is DENIED and the motion for status on service is GRANTED. (Doc. #22 , #25 ). The Court has received Plaintiff's First Amended Complaint and will review the complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. 28 U.S.C. 1915A. If the First Amended Complaint survives preliminary review, then the Clerk will be directed to serve the defendants on Plaintiff's behalf. See Sellers v. United States, 902 F.2d 598, 602 (7th Cir.1990). Until this review is completed, no other action will be taken in this case. The motion to add Dr. David as a defendant is DENIED as moot. Dr. David is already listed as a defendant in the First Amended Complaint. (Doc. #26 ). The motion for status on the motion to proceed IFP is GRANTED. (Doc. #28 ). The motion to proceed IFP has been granted. (See Doc. 29). The Clerk of Court is DIRECTED to send Plaintiff a copy of the docket sheet. Finally, the Court notes that since commencing this lawsuit, Plaintiff has filed sixteen motions. Considering this case is less than two months old, defendants have not been served, and a majority of the motions are premature or have no legal merit, this type of excessive motions practice needlessly creates a burden for the Clerk's office and consumes a significant portion of limited judicial resources. Plaintiff is WARNED to refrain from continuing to file motions that are reactionary, overly generalized, or absent any thought and careful consideration. Signed by Judge Stephen P. McGlynn on 9/14/2023. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 29
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #18 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $4.22. 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 Shawnee Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 9/14/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 28
MOTION for status of Motion to Proceed in Forma Pauperis by Micheal N.B. Attaway. (jaj)
|
|
Filing 27
MOTION to hold off on deciding most recent motions by Micheal N.B. Attaway. (jaj)
|
|
Filing 26
MOTION to Add Defendant by Micheal N.B. Attaway. (jaj)
|
|
Filing 25
MOTION for Addresses of Defendants by Micheal N.B. Attaway. (jaj)
|
|
Filing 24
MOTION for Court to Order Hallcon Safety Director to write why I was fired by Micheal N.B. Attaway. (jaj)
|
|
Filing 23
MOTION for Protective Order by Micheal N.B. Attaway. (jaj)
|
|
Filing 22
MOTION for status of service by Micheal N.B. Attaway. (jaj)
|
|
Filing 21
AFFIDAVITS by Micheal N.B. Attaway. (jaj)
|
|
Filing 20
MOTION for Court to Order Shawnee CC to Provide Medical Records by Micheal N.B. Attaway. (jaj)
|
|
Filing 19
MOTION for Immediate Release by Micheal N.B. Attaway. (jaj)
|
|
Filing 18
MOTION for Leave to Proceed in forma pauperis by Micheal N.B. Attaway. (Attachments: #1 Exhibits)(jaj)
|
|
Filing 17
AMENDED COMPLAINT against Nurse Practitioner Alex, Nurse Practitioner Amanda, Dr. David, Sgt. Dean, Darren Galloway, Zach Moore, William Shanholtzer, filed by Micheal N.B. Attaway.(jaj)
|
|
Filing 16
ORDER: The Clerk of Court is DIRECTED to correct the docket sheet to reflect the proper spelling of Plaintiff's name as Micheal N.B. Attaway, rather than Michael. Signed by Judge Stephen P. McGlynn on 9/7/2023. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 15
ORDER: The Complaint (Doc. 1) is STRICKEN for improper joinder of claims and/or defendants. Plaintiff is GRANTED leave to file a First Amended Complaint on or before October 4, 2023. If Plaintiff fails to file his First Amended Complaint in this case within the allotted time or consistent with the instructions set forth in this Order, the entire case will be dismissed without prejudice for failure to comply with a court order and/or failure to prosecute his claims. The Clerk is DIRECTED to mail him a blank civil rights complaint form. The motion to consolidate, the motion for recruitment of counsel, and the motions for emergency injunctive relief are DENIED. (Doc. #6 , #7 , #9 , #10 , #12 , #13 ). Signed by Judge Stephen P. McGlynn on 9/6/2023. (jrj)
|
|
Filing 14
SUPPLEMENT by Michael N.B. Attaway to #1 Complaint. (jaj)
|
|
Filing 13
SECOND MOTION for Order by Michael N.B. Attaway. (jaj)
|
|
Filing 12
MOTION for Order by Michael N.B. Attaway. (Attachments: #1 Exhibit)(jaj)
|
|
Filing 11
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
|
|
Filing 10
MOTION for Order to by Michael N.B. Attaway. (jaj)
|
|
Filing 9
MOTION for Recruitment of Counsel by Michael N.B. Attaway. (jaj)
|
|
Filing 8
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
|
|
Filing 7
MOTION for Preliminary Injunction by Michael N.B. Attaway. (jaj)
|
|
Filing 6
MOTION to Consolidate Case with 23-2091-DWD by Michael N.B. Attaway. (jaj)
|
|
Filing 5
NOTICE: Plaintiff 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, Plaintiff shall return the form within 7 days or face possible sanctions. Consent due by 8/28/2023 (kare)
|
|
Filing 4
Prisoner Trust Fund Account Statement by Michael N.B. Attaway. (jaj)
|
|
Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 23-2613-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 7/28/2023. (jaj)
|
|
Filing 2
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 7/28/2023. Consent due by 8/18/2023 (jaj)
|
|
Filing 1
STRICKEN PER ORDER AT #15 - COMPLAINT against All Defendants filed by Michael N.B. Attaway.(jaj) Modified on 9/7/2023 (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.
