Jordan v. Hughes et al
| Valdez Lamont Jordan |
| Latoya Hughes, David Mitchell, Christal Crow, Jamie Benbrook and Richard Arnold |
| 3:2023cv03086 |
| September 13, 2023 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 SUPPLEMENT by Richard Arnold, Jamie Benbrook, Christal Crow, David Mitchell. Supplement to #19 Response to Motion . (Attachments: #1 Exhibit C)(Barnett, Tara) |
Filing 21
ORDER assigning Attorney Joshua A Edelson for Valdez Lamont Jordan. Attorney Appearance due by 12/4/2023. Signed by Judge David W. Dugan on 11/3/2023. (kgk)
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Filing 20
ORDER: The Defendants are DIRECTED to supplement their Response (Doc. 19) to Plaintiff's Motion for a Preliminary Injunction (Doc. 2) within seven days, by November 10, 2023. Signed by Judge David W. Dugan on 11/3/2023. (kgk)
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| Filing 19 RESPONSE to Motion re #2 MOTION for Preliminary Injunction filed by Richard Arnold, Jamie Benbrook, Christal Crow, David Mitchell. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barnett, Tara) |
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Filing 18
ORDER: Defendants' Motion for an Extension (Doc. 17) to respond to the pending Motion for a Preliminary Injunction (Doc. 2) is GRANTED. Counsel avers she is actively working on securing responsive documents, and she has already spoken to two of the defendants. She seeks a short extension, until November 2, 2023, to prepare an adequate response. Defendants' response to the TRO (Doc. 2) shall be filed by November 2, 2023. Signed by Judge David W. Dugan on 10/23/2023. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction by Richard Arnold, Jamie Benbrook, Christal Crow, David Mitchell. (Barnett, Tara) |
| Filing 16 NOTICE of Appearance by Tara Marie Barnett on behalf of Richard Arnold, Jamie Benbrook, Christal Crow, David Mitchell (Barnett, Tara) |
| Filing 15 WAIVER OF SERVICE Returned Executed Richard Arnold waiver sent on 10/5/2023, answer due 12/4/2023; Jamie Benbrook waiver sent on 10/5/2023, answer due 12/4/2023; David Mitchell waiver sent on 10/5/2023, answer due 12/4/2023. (tjk) |
| Filing 14 WAIVER OF SERVICE Returned Executed Christal Crow waiver sent on 10/5/2023, answer due 12/4/2023. (tjk) |
| Filing 13 REQUEST FOR WAIVER of Service sent to David Mitchell, Christal Crow, Jamie Benbrook and Richard Arnold on 10/5/2023. Waiver of Service due by 11/6/2023. (tjk) |
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Filing 12
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 10/5/2023. (jaj)
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Filing 11
Order for Service of Process: As explained in this Order, Plaintiff may proceed on Claim 1 against Defendant Mitchell, and on Claims 2 and 3 against Mitchell, Crow, Arnold, and Benbrook. By contrast, Claims 1-3 are insufficient against Defendant Hughes, and the Clerk of Court is DIRECTED to terminate Defendant Latoya Hughes. The Clerk is DIRECTED to serve Defendants David Mitchell (official and individual capacity), Christal Crow, Jamie Benbrook and Richard Arnold consistent with this Order. A ruling on the pending Motion for a Preliminary Injunction (Doc. 2) is DEFERRED, and the Defendants are DIRECTED to respond to the Motion within 14 days of returning an executed waiver of service. For reasons explained, Plaintiff's Motion for Counsel (Doc. 3) is DENIED without prejudice. The Clerk of Court is also DIRECTED to enter the standard HIPAA Order in this case. Signed by Judge David W. Dugan on 10/4/2023. (kgk)
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| Filing 10 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 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 8 Initial Prisoner Filing Fee: $ 12.11 received, receipt number 5544 (clw) |
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #4 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $12.11. 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 Pinckneyville Correctional Center upon entry of this Order. Signed by Judge David W. Dugan on 9/18/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 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 9/13/2023. Consent due by 10/4/2023 (kare) |
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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 23-3086-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 9/13/2023. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Valdez Lamont Jordan. (kare) |
| Filing 3 MOTION for Recruitment of Counsel by Valdez Lamont Jordan. (kare) |
| Filing 2 MOTION for Preliminary Injunction and Brief in Support by Valdez Lamont Jordan. (kare) |
| Filing 1 COMPLAINT against Richard Arnold, Jamie Benbrook, Christal Crow, Latoya Hughes, David Mitchell, filed by Valdez Lamont Jordan.(kare) |
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