Dida v. Hvarre
| Mohamed Dida |
| Kimberly Hvarre |
| 3:2024cv00131 |
| January 19, 2024 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Gilbert C Sison |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 24, 2024. A more recent docket listing may be available from PACER.
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Filing 35
AFFIDAVIT of truth by Mohamed Dida. (jaj)
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Filing 34
AFFIDAVIT of Truth by Mohamed Dida. (jaj)
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Filing 33
ORDER granting #32 Motion to Strike and striking #29 Motion to subpoena for clarity. The Court agrees with Defendant that Plaintiff's request for an email and videos is a Request for Production that should have been sent to the Defendant pursuant to Federal Rule of Civil Procedure 34(b) and not filed as a motion with the Court. Local Rule 26.1(b) states in part: "Interrogatories under Fed. R. Civ. P. 33 and the objections andanswers thereto, requests for production or inspection under Fed. R.Civ. P. 34 and the objections and responses thereto, Requests forAdmissions under Fed. R. Civ. P. 36 and the objections andresponses thereto, and deposition notices under Fed. R. Civ. P. 30and 31 shall be served upon other counsel or parties but shall not befiled with the Clerk of Court.... " SDIL-LR 26.1(b). Thus, the Court GRANTS Defendant's motion to strike and STRIKES Plaintiff's motion to subpoena for clarity. Further, the Court REMINDS the parties of the Court's Case Management Procedures regarding discovery disputes in which the parties are encouraged to resolve discovery disputes informally without Court intervention. This means the party seeking discovery (or seeking to avoid answering or responding to discovery) must certify that it has, in good faith, conferred or attempted to confer with the other party regarding the discovery dispute. The Court is mindful that Plaintiff is currently incarcerated and also representing himself in this case, which can present logistical challenges to his ability to confer with defense counsel. But Plaintiff is nevertheless required to attempt to informally resolve or narrow the discovery dispute before turning to the Court to help. This can be done through letters or phone calls with opposing counsel. Signed by Magistrate Judge Gilbert C. Sison on 3/6/2024. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 32
MOTION to Strike #29 MOTION to Subpoena for Clarity by Kimberly Hvarre. (McClimans, Christine)
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Filing 31
NOTICE of Appearance by Christine G. McClimans on behalf of Kimberly Hvarre (McClimans, Christine)
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Filing 30
ORDER re #29 MOTION to Subpoena for Clarity filed by Mohamed Dida. The Court DIRECTS Defendant to respond to this motion on or before March 7, 2024. Signed by Magistrate Judge Gilbert C. Sison on 2/21/2024. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 29
STRICKEN MOTION to Subpoena for Clarity by Mohamed Dida. (Attachments: #1 Exhibit)(jaj)
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Filing 28
REPLY to #22 Response filed by Mohamed Dida. (jaj)
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Filing 27
ORDER denying #9 Motion for Recruitment of Counsel. Civil litigants do not have a constitutional or statutory right to counsel. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007); Zarnes v. Rhodes, 64 F.3d 285, 288 (7th Cir. 1995). When presented with a request to appoint counsel, the Court must make the following inquiries: (1) has the indigent plaintiff made a reasonable attempt to obtain counsel or effectively been precluded from doing so, and (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself. Pruitt, 503 F.3d at 654-55. First, the Court finds that Plaintiff has not met his burden regarding his attempts at counsel. Plaintiff did not provide sufficient information for the Court to determine if he made a reasonable effort to obtain counsel on his own in this case. Should Plaintiff choose to move for recruitment of counsel at a later date, the Court directs Plaintiff to (1) contact at least three attorneys regarding representation in this case prior to filing another motion, (2) include in the motion the name and addresses of at least three attorneys he has contacted, and (3) if available, attach the letters from the attorneys who declined representation or the letters he sent to the attorneys after no response from the attorneys. Plaintiff should also include in his motion a specific statement as to why he believes recruitment of counsel is necessary in his case. Further, at this point in the litigation, Defendant has not responded to the complaint and discovery will be limited to the issue of whether Plaintiff exhausted his administrative remedies. This is a straightforward issue the Court finds Plaintiff capable of handling on his own. The Court also finds Plaintiff capable of responding to a summary judgment motion on the issue of whether he exhausted his administrative remedies. Thus, counsel is not needed at this time. Once the Court has ruled on the exhaustion issue and merits discovery begins, Plaintiff can renew his request for counsel should he have difficulty conducting discovery on his own. Signed by Magistrate Judge Gilbert C. Sison on 2/16/2024. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 26
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 24-cv-131-GCS. Any District Judge previously assigned will no longer be assigned to this case. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 25
FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Gray, Jesse) Modified on 2/16/2024 (jle).
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Filing 24
ORDER granting in part #23 motion for information and guidance. Defendant Hvarre filed a response in opposition to the motion for preliminary injunction on February 6, 2024. Plaintiff has filed a motion asking if he should respond, file a reply brief, to Defendant's response. The Local Rules for the Southern District of Illinois provide, "A reply, if any, shall be filed within 7 days of the service of the response." LR-SDIL 7.1(b)(2)(B). The Court will extend this deadline, and a reply brief is due on or before February 21, 2024. Plaintiff is advised that under the Local Rules, "reply briefs are not favored...and should be filed only in exceptional circumstances." LR-SDIL 7.1(a)(4). Signed by Judge Stephen P. McGlynn on 2/13/2024. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 23
MOTION for Information and Guidance re #11 Order for Service of Process - Prisoner by Mohamed Dida. (jaj)
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Filing 22
RESPONSE in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Kimberly Hvarre. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gray, Jesse)
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Filing 21
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 20
Prisoner Trust Fund Account Statement by Mohamed Dida. (jaj)
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Filing 19
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Docs. #2 and #8 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $25.15. 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 Big Muddy River Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 2/6/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
Prisoner Trust Fund Account Statement. (jaj)
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Filing 17
NOTICE FROM CLERK Instructing Kimberly Hvarre 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 Kimberly Hvarre on 1/25/24. Consent due by 2/15/2024 (adh)
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Filing 16
NOTICE of Appearance by Jesse Jones Gray on behalf of Kimberly Hvarre (Gray, Jesse)
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Filing 15
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 11/15/2023 to 1/18/2024 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 Big Muddy River Correctional Center. (Action due by 3/11/2024). Signed by Judge Stephen P. McGlynn on 1/24/2024. (tjk)
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Filing 14
WAIVER OF SERVICE Returned Executed Kimberly Hvarre waiver sent on 1/23/2024, answer due 3/25/2024. (tjk)
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Filing 13
REQUEST FOR WAIVER of Service sent to Kimberly Hvarre on 1/23/2024. Waiver of Service due by 2/22/2024. (tjk)
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Filing 12
HIPAA Qualified Protective Order. Signed by Judge Stephen P. McGlynn on 1/23/2024. (adh)
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Filing 11
ORDER: The Complaint survives preliminary review pursuant to Section 1915A. The Clerk of Court is DIRECTED to serve process on Defendant Hvarre in accordance with this Order. The Clerk is also DIRECTED to RENAME the pleading at Doc. 1 as follows: Complaint and Motion for Preliminary Injunction filed by Mohamed Dida. The Court DEFERS ruling on the request for preliminary injunction. Defendant Hvarre is ORDERED to respond to the motion within 14 days of service. The Clerk is further DIRECTED to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge Stephen P. McGlynn on 1/23/2024. (jrj)
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Filing 10
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Filing 9
MOTION for Recruitment of Counsel by Mohamed Dida. (jaj)
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Filing 8
MOTION for Leave to Proceed in forma pauperis by Mohamed Dida. (jaj)
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Filing 7
This Court has received your complaint (and your motion to proceed without prepayment of the filing fee) from the Central District of Illinois, previously assigned case number: 24-1032. Your new case number is 24-131-SPM. 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 fourteen 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 1/19/2024. (jaj)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 1/19/2024. Consent due by 2/9/2024 (jaj)
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Filing 5
Case transferred in from District of Illinois Central; Case Number 1:24-cv-01032. Original file certified copy of transfer order and docket sheet received.
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Filing 4
ORDER entered by Chief Judge Sara Darrow on 1/18/2024. IT IS THEREFORE ORDERED that this case, and all pending motions, are hereby transferred to the Southern District of Illinois pursuant to 28 U.S.C. Sec 1391(b) and 28 U.S.C. Sec 1404(a) for any actions the transferee court deems necessary. See written order. (KE) [Transferred from Illinois Central on 1/19/2024.]
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Filing 3
+++ PRISONER TRUST FUND LEDGER by Mohamed Dida (KE) [Transferred from Illinois Central on 1/19/2024.]
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Filing 2
PETITION TO PROCEED IN FORMA PAUPERIS, filed by Mohamed Dida.(KE) [Transferred from Illinois Central on 1/19/2024.]
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Filing 1
COMPLAINT against All Defendants, filed by Mohamed Dida. (Attachments: #1 Exhibits)(KE) [Transferred from Illinois Central on 1/19/2024.]
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| Plaintiff: Mohamed Dida | |
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| Defendant: Kimberly Hvarre | |
| Represented By: | Jesse Jones Gray |
| Represented By: | Christine G. McClimans |
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