Jones v. Willis et al
| Gerald Jones |
| Anthony Willis, Rob Jeffreys, Mr. Garcia, Mr. Ramsey, Mr. Benton, Mr. Jullen, Mr. Maldonado, John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7, John Doe 8, John Doe 9, Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, John Doe 10, Jane Doe 6, Jane Doe 7, Jane Doe 8, John Doe 11, John Doe 12, John Doe 13, John Doe 14, John Doe Garcia, Bent and Julich/Jurlich |
| 3:2023cv02804 |
| August 15, 2023 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 25 Second MOTION for Extension of Time to File a response to Plaintiffs Motion for Preliminary Injunction Doc #8 by Anthony Willis. (Kang, Zherong) |
| Filing 24 REQUEST FOR WAIVER of Service sent to Julich/Jurlich and on Bent on 10/11/2023. Waiver of Service due by 11/13/2023. (tjk) |
Filing 23
ORDER: On September 28, 2023, Plaintiff was directed to provide additional information about the identities of Defendants Jullen, Benton, and Garcia to assist with service of process. Plaintiff now moves to clarify the identity of these individuals, and to add another individual as a defendant. Plaintiff's Motion (Doc. 19) will be GRANTED to the extent he seeks to identify Jullen as Julich or Jurlich, and Benton as Bent. The Clerk of Court is DIRECTED to re-name these Defendants on the docket sheet, and to re-initiate waivers of service on Julich/Jurlich (Claim 2) and on Bent (Claim 5). As to Garcia, the Defendants indicated there are multiple employees at Menard with this last name. In response, Plaintiff tenders date and shift information about this individual, but he does not provide a different name, nor does he give Garcia's full name. As such, the Court will substitute Defendant Garcia with Defendant "John Doe" Garcia, and it hereby DIRECTS counsel for Anthony Wills to investigate the identify of this individual with Defendant Wills. Counsel shall provide any identifying information that corresponds with the "John Doe" Garcia that Plaintiff has described in documents 19 and 20 within 21 days, by October 25, 2023. Plaintiff shall have until November 3, 2023, to file a Motion to Substitute that gives the full name of Defendant Garcia, or to move for further steps to be taken to identify Garcia. Finally, in the Motion to Clarify (Doc. 19), and in the Notice (Doc. 20), Plaintiff indicates that he now knows the name of one of the assailants that he discussed in association with Defendant Ramseys conduct in Claim 1 of the complaint. All John Does associated with Claim 1 were previously dismissed because there was insufficient distinguishing information to identify their individual conduct in the complaint. Plaintiff's attempt in his Motion and Notice to now identify a dismissed party is not sufficient to revive the claim against an ambiguous John Doe that was previously dismissed, and it is not a proper way to amend the complaint. If Plaintiff believes that it is appropriate to amend his complaint, he must follow the Local Rules of this District, which require that an amended complaint be a full document that contains all previous allegations, and clearly marks new material with underlining. Thus, to the extent Plaintiff "moved" to add a new defendant to this case, that portion of the Motion (Doc. 19) is DENIED without prejudice. Signed by Judge David W. Dugan on 10/10/2023. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 22
ORDER: Defendant Wills requests a brief extension to prepare a response to the pending Motion for a Temporary Restraining Order because counsel was only assigned to the matter two days before the deadline for Wills' response to the TRO. Counsel avers he is actively working with Wills to prepare an accurate and sufficient response to the pending motion. Defendant Wills' Motion (Doc. 15) is GRANTED, Wills shall have until October 12, 2023 to file his response to the TRO. Signed by Judge David W. Dugan on 10/10/2023. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Plaintiff Motion to Substitute due by 11/3/2023. (clw) |
| Filing 21 NOTICE of Appearance by Zherong Kang on behalf of Mr. Maldonado, Mr. Ramsey (Kang, Zherong) |
| Filing 20 NOTICE by Gerald Jones re 18 Order,,, (kare) |
| Filing 19 MOTION to Clarify and Serve Correct Defendants re 18 by Gerald Jones. (jaj) |
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Filing 18
ORDER: This action is before the Court for the purpose of docket control. As of today, Defendants Jullen, Benton, and Garcia have not been served. A request for waiver of service was returned unexecuted as to Defendants Jullen and Benton with the notation that there are no employees at Menard Correctional Center with those names and a waiver was returned unexecuted as to Defendant Garcia with the notation that there is more than one employee at Menard with that name (Doc. #17 ). IT IS THEREFORE ORDERED that Plaintiff provide additional information to the Clerk of Court and file a notice of such, to identify Defendants Jullen, Benton, and Garcia. Plaintiff SHALL provide said information within 30 days of the date of this order so that process may be served upon Defendants. Signed by Judge David W. Dugan on 9/28/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 Waiver of Service Returned Unexecuted as to Jullen, Benton, and Garcia. (tjk) |
| Filing 16 WAIVER OF SERVICE Returned Executed Mr. Maldonado waiver sent on 9/13/2023, answer due 11/13/2023; Mr. Ramsey waiver sent on 9/13/2023, answer due 11/13/2023; Anthony Willis waiver sent on 9/13/2023, answer due 11/13/2023. (tjk) |
| Filing 15 MOTION for Extension of Time to File Response/Reply to respond to Plaintiffs Motion for Preliminary Injunction [Doc. 8] by Anthony Willis. (Kang, Zherong) |
| Filing 14 NOTICE of Appearance by Zherong Kang on behalf of Anthony Willis (Kang, Zherong) |
| Filing 13 MOTION for Physical Evidence Preserved Examinations by the Court by Gerald Jones. (kare) |
| Filing 12 MOTION for Reconsideration re #9 Order for Service of Process - Prisoner,,,,,, Terminate Motions,,,,, by Gerald Jones. (kare) |
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Filing 11
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 9/15/2023. (clw)
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| Filing 10 REQUEST FOR WAIVER of Service sent to Ramsey, Jullen, Quick, Garcia, Benton, Maldonado, and Anthony Wills on 9/13/2023. Waiver of Service due by 10/13/2023. (tjk) |
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Filing 9
Order for Service of Process: As explained in this Order, Plaintiff may proceed on Claim 1 against Defendant Ramsey, Claim 2 against Jullen, Claim 3 against Quick, Claim 4 against Maldonado, Claim 5 against Garcia and Benton, and Claim 6 against Wills. All other claims against Defendants Rob Jeffreys, John Does 1-14, and Jane Does 1-8 are insufficient to state a claim so they are dismissed without prejudice, and the Clerk of Court is DIRECTED to terminate these parties. Plaintiff's Motion to Proceed IFP (Doc. 2) is GRANTED under the imminent danger exception. The Clerk of Court is DIRECTED to notify the Prison Trust Fund officer that deductions should be made from Plaintiff's account if he accumulates sufficient funds. Plaintiff's Motion for Counsel (Doc. 3) is DENIED without prejudice. Plaintiff's Motion for a Temporary Restraining Order (Doc. 8) may proceed as limited by this Order, the Court will defer ruling on the Motion until the parties have briefed it. Defendant Wills is DIRECTED to respond to the Motion (Doc. 8) within 14 days of returning an executed waiver of service. Given the allegations, the Clerk of Court is DIRECTED to enter the standard HIPAA Order in this case.. Signed by Judge David W. Dugan on 9/13/2023. (kgk)
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| Filing 8 MOTION for Preliminary Injunction by Gerald Jones. (kare) |
| Filing 7 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). (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| 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 8/15/2023. Consent due by 9/5/2023 (kare) |
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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 23-2804-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 8/15/2023. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Recruitment of Counsel by Gerald Jones. (kare) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Gerald Jones. (kare) |
| Filing 1 COMPLAINT against All Defendants, filed by Gerald Jones.(kare) |
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