Taylor v. Haynes et al
| Terrell Taylor |
| A Haynes, J Davis, K. Hunter, C/O Fosse, A. Bandy, Chad Havers and D Pinkerton |
| 3:2023cv03019 |
| September 6, 2023 |
| U.S. District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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Filing 18
ORDER DENYING #17 Motion for Leave to File Amended Complaint by Terrell Taylor. Plaintiff seeks to join 19 additional individuals as defendants simply by listing their names in his motion. The Court does not accept piecemeal amendments to a complaint. Plaintiff must instead seek leave to amend his complaint and provide the Court with a proposed amended complaint that stands on its own without reference to any prior version. The proposed amended complaint must conform with Fed. R. Civ. P. 15 and SDIL-Local Rule 15.1. Plaintiff will have an opportunity to amend his complaint, if he chooses to do so, according to the deadline and instructions set forth in the Scheduling Order to be entered here, once all answers are on file. He should read the Scheduling Order closely and comply with all instructions therein. Signed by Judge J. Phil Gilbert on 9/28/2023. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MOTION for Leave to File Amended Complaint by Terrell Taylor. (jaj) |
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Filing 16
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $4.24. 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 Williamson County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 9/27/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 Prisoner Trust Fund Account Statement by Terrell Taylor. (jaj) |
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Filing 14
ORDER DENYING 10 #13 Motion for Preliminary Injunction and/or Temporary Restraining Order. Plaintiff brings this action against Williamson County Jail officials who used excessive force against him and denied him one or more meal(s) on May 12-13, 2023. He seeks an Order prohibiting all defendants--and their officers, agents, employers, or anyone else acting in concert or participation with them--from working at the Jail while he is housed there. To obtain a TRO or preliminary injunction, Plaintiff must establish that: (1) he will suffer irreparable harm without the requested relief; (2) traditional legal remedies are inadequate; and (3) he has some likelihood of prevailing on the merits of his claims. Mays v. Dart, 974 F.3d 810, 818 (7th Cir. 2020). If so, the court must balance the harm to Plaintiff caused by denying relief with the harm caused to Defendants by granting relief. Id. Plaintiff has not satisfied the first two requirements. He sets forth no allegations suggesting that he will suffer irreparable harm without interim relief. In fact, he has not disclosed any negative interactions, at all, with the defendants since May 12-13, 2023. He also describes no efforts, on his part, to use traditional remedies (verbal requests, written complaints, or the grievance procedure) to seek relief. He instead cites "fear of retaliation" as the reason all defendants (and many/all other staff members) should not be allowed to work. The type of injunctive relief he seeks, i.e., suspension or termination of the Jail's staff, is overbroad, extraordinary, and unjustified, given the lack of recent threats of harm, actual harm, or other events supporting said request. The motions are thus DENIED without prejudice. Plaintiff may file a new motion at any time it becomes necessary to do so. Signed by Judge J. Phil Gilbert on 9/25/2023. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 MOTION for Order to Show Cause for a Preliminary Injunction and MOTION for Temporary Restraining Order by Terrell Taylor. (jaj) |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 11
HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 9/11/2023. (csb)
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| Filing 10 MOTION for Preliminary Injunction by Terrell Taylor (see Doc. 1, p. 7). (tjk) |
| Filing 9 REQUEST FOR WAIVER of Service sent to HUNTER, HAYNES, FOSSE, BANDY, HAVERS, PINKERTON, and DAVIS. on 9/11/2023. Waiver of Service due by 10/11/2023. (tjk) |
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Filing 8
ORDER FOR SERVICE OF PROCESS on Defendants HUNTER (official and individual capacities), HAYNES, FOSSE, BANDY, HAVERS, PINKERTON, and DAVIS. The #1 Complaint survives screening under 28 U.S.C. 1915A, and the #3 Motion for Recruitment of Counsel is DENIED without prejudice. Counts 1 through 5 are subject to further review, and Count 6 is DISMISSED without prejudice for failure to state a claim. The Clerk's Office is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act and ADD a Motion for Preliminary Injunction to the docket sheet. Plaintiff may file a motion and/or affidavit in support of this request for relief pursuant to Fed. R. Civ. P. 65 by SEPTEMBER 25, 2023. Failure to file a supporting motion shall result in denial of the pending motion without prejudice. Signed by Judge J. Phil Gilbert on 9/11/2023. (jsy)
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| Filing 7 NOTICE OF MODIFICATION re #6 Order,,,,, Set Deadlines,,,,, Set/Clear Flags. Docket text modified to reflect correct facility.(tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 6
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 3/1/2023 to 9/6/2023 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. 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). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Williamson County Jail. (Trust Fund Statement due on or before 10/26/2023). Signed by Judge J. Phil Gilbert on 9/11/2023. (tjk) Modified on 9/11/2023 (tjk).
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 23-3019-JPG. 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 J. Phil Gilbert on 9/6/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| 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 9/6/2023. Consent due by 9/27/2023 (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Terrell Taylor. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Terrell Taylor. (Attachments: #1 Trust Fund Statement)(jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Terrell Taylor.(jaj) |
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