Cutler v. Wills et al
Plaintiff: Chad Cutler
Defendant: Anthony Wills, Menard Correctional Center, Illinois Department of Corrections and State of Illinois
Case Number: 3:2023cv03127
Filed: September 18, 2023
Court: US District Court for the Southern District of Illinois
Presiding Judge: Stephen P McGlynn
Referring Judge: Gilbert C Sison
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2023 Opinion or Order Filing 29 ORDER denying #28 Motion for Leave to File a Reply Brief. Plaintiff does not need leave of the Court to file a reply brief. "Reply briefs, if any, shall be filed within 14 days of the service of a response." SDIL 7.1(b)(1)(B). Signed by Magistrate Judge Gilbert C. Sison on 11/8/2023. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 7, 2023 Opinion or Order Filing 28 MOTION for Leave to File Reply to Defendant's Answer #23 to Motion for Preliminary Injunction #8 by Chad Cutler. (jaj)
November 7, 2023 Opinion or Order Filing 27 VIDEO WRIT ISSUED as to Chad Cutler S16948 to be held 11/30/2023 at 1:30 PM via zoom video conference before Magistrate Judge Gilbert C. Sison. (cds)
November 7, 2023 Opinion or Order Filing 26 NOTICE of Hearing on Motion #8 MOTION for Preliminary Injunction : Motion Hearing set for 11/30/2023 at 01:30 PM via zoom video conference before Magistrate Judge Giilbert C. Sison. Zoom invitations will be emailed to parties of record. Defenant is directed to have witness present who can speak to Plaintiff's medical care. Counsel shall forward the zoom invite to any pertinent parties. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 2, 2023 Opinion or Order Filing 25 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Gilbert C. Sison is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 3:23-cv-3127-GCS. Any District Judge previously assigned will no longer be assigned to this case. (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 1, 2023 Opinion or Order Filing 24 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Barnett, Tara) Unsealed on 11/2/2023 (aza).
October 30, 2023 Opinion or Order Filing 23 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction filed by Anthony Wills. (Attachments: #1 Exhibit A)(Barnett, Tara)
October 27, 2023 Opinion or Order Filing fee: $ 402.00, receipt number 6053 (clw)
October 25, 2023 Opinion or Order Filing 22 ORDER: The #20 motion seeking leave to reply to Defendants' response is DENIED. Defendant Wills has not yet filed a response to the motion for preliminary injunction and so Plaintiff's motion is premature. When filing a reply brief, Plaintiff should comply with Local Rule 7.1, which provides "A reply, if any, shall be filed within 7 days of the service of the response. Reply briefs are not favored and should be filed only in exceptional circumstances." The #21 motion seeking guidance on motions to reconsidered is also DENIED. The motion does not seek relief from the Court but instead, asks for the Court's opinion on whether a motion to reconsider would be appropriate. The Court cannot give legal advice on whether Plaintiff should or should not file certain motions. Signed by Judge Stephen P. McGlynn on 10/25/2023. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 23, 2023 Opinion or Order Filing 21 MOTION Seeking Courts Guidance on Motions to Reconsider by Chad Cutler. (jaj)
October 23, 2023 Opinion or Order Filing 20 MOTION for Leave to File Reply to Defendant's Response to Motion for Preliminary Injunction by Chad Cutler. (jaj)
October 23, 2023 Opinion or Order Filing 19 ORDER finding as moot #17 Motion for Protective Order. The Court previously directed the Clerk of Court to enter this District's standard qualified protective order pursuant to HIPAA. The protective order has now been entered on the docket. (Doc. 11, 18). Signed by Judge Stephen P. McGlynn on 10/23/2023. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 23, 2023 Opinion or Order Filing 18 HIPAA Qualified Protective Order. Signed by Judge Stephen P. McGlynn on 10/23/2023. (kare)
October 23, 2023 Opinion or Order Filing 17 MOTION for HIPAA Qualified Protective Order by Anthony Wills. (Barnett, Tara)
October 20, 2023 Opinion or Order Filing 16 NOTICE FROM CLERK Instructing Anthony Wills 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 Anthony Wills on 10/20/23. Consent due by 11/13/2023 (adh)
October 19, 2023 Opinion or Order Filing 15 NOTICE of Appearance by Tara Marie Barnett on behalf of Anthony Wills (Barnett, Tara)
October 17, 2023 Opinion or Order Filing 14 WAIVER OF SERVICE Returned Executed Anthony Wills waiver sent on 10/16/2023, answer due 12/15/2023. (tjk)
October 16, 2023 Opinion or Order Filing 13 REQUEST FOR WAIVER of Service sent to Anthony Wills on 10/16/2023. Waiver of Service due by 11/15/2023. (tjk)
October 16, 2023 Opinion or Order Filing 12 ORDER: Plaintiff's motions concerning his filing fee are granted in part. (Doc. #5 , #7 , #10 ). Plaintiff will be given an additional thirty days to satisfy the payment obligations in this case. Plaintiff shall submit the $402.00 filing fee or a motion to proceed without prepayment of the filing fee on or before November 20, 2023. Failure to do so will result in the dismissal of this action without prejudice. (See Doc. #2 ). Signed by Judge Stephen P. McGlynn on 10/16/2023. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 16, 2023 Opinion or Order Filing 11 ORDER: The Complaint survives preliminary review pursuant to Section 1915A. The Clerk of Court is DIRECTED to serve process on Warden Wills in accordance with this Order. All claims against Menard Correctional Center, the Illinois Department of Corrections, and the State of Illinois are DISMISSED with prejudice. The Clerk is DIRECTED to terminate these entities as parties on the docket. The Clerk shall enter the standard qualified protective order pursuant to HIPAA. The #8 motion for a preliminary injunction remains pending. Defendant Wills is ORDERED to respond to the motion within 14 days of service. Signed by Judge Stephen P. McGlynn on 10/16/2023. (jrj)
October 16, 2023 Opinion or Order Set/Reset Deadlines: Action due by 11/20/2023. (adh)
October 13, 2023 Opinion or Order Filing 10 MOTION for Order to Deduct Plaintiff's Pre-Payment of Filing Fees by Chad Cutler. (jaj)
October 11, 2023 Opinion or Order Filing 9 SUPPLEMENT - Amendment to Complaint by Chad Cutler to #1 Complaint. (jaj)
October 11, 2023 Opinion or Order Filing 8 MOTION for Preliminary Injunction by Chad Cutler. (jaj)
October 2, 2023 Opinion or Order Filing 7 Letter from Plaintiff to the Court re: Mishandling of Filing Fees (jaj)
September 28, 2023 Opinion or Order Filing 6 EXHIBIT by Chad Cutler. re #1 Complaint filed by Chad Cutler. Related document: #1 Complaint filed by Chad Cutler.(jaj)
September 25, 2023 Opinion or Order Filing 5 Letter from Plaintiff to the Court showing payment of filing fee has been requested. (jaj)
September 25, 2023 Opinion or Order Filing 4 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
September 18, 2023 Opinion or Order Filing 3 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 09/18/2023. Consent due by 10/10/2023 (kare)
September 18, 2023 Opinion or Order Filing 2 NOTICE AND ORDER: The Court has received your Complaint. Your case number is 23-3127-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 9/18/2023. (kare)
September 18, 2023 Opinion or Order Filing 1 COMPLAINT against All Defendants, filed by Chad Cutler.(kare)

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Plaintiff: Chad Cutler
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Defendant: Anthony Wills
Represented By: Tara Marie Barnett
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Defendant: Menard Correctional Center
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Defendant: Illinois Department of Corrections
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Defendant: State of Illinois
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