Harper v. Hart et al
| Eazs A. Harper |
| C/O Hart, C/O Bent, Nurse Morgan and Anthony Wills |
| 3:2024cv01157 |
| April 23, 2024 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 27 VIDEO WRIT ISSUED as to Eazs A. Harper, B83567 to be held 7/17/2024 at 1:30 p.m. via Zoom video conference before Judge David W. Dugan. (dmw2) |
| Filing 26 NOTICE of Hearing on Motion #2 MOTION for Preliminary Injunction: Motion Hearing set for 7/17/2024 at 1:30 PM via Zoom video conference before Judge David W. Dugan. The Clerk is directed to issue a writ for Plaintiff's appearance via video. (dmw2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 25
MEMORANDUM AND ORDER. For the reasons stated in the attached Order, Plaintiff's Motion for a Preliminary Injunction (Doc. 2) will be set for a hearing by separate Order. Signed by Judge David W. Dugan on 6/20/2024. (dmw2)
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| Filing 24 RESPONSE (Supplemental Motion for TRO and Injunctive Relief) to #23 Order, filed by Eazs A. Harper. (jaj) |
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Filing 23
ORDER: As explained in this Order, Plaintiff shall have 21 days, until June 21, 2024, to file a supplemental response concerning his request for injunctive relief limited to his medical needs and his interactions with Defendants Bent and Hart. Signed by Judge David W. Dugan on 5/31/2024. (kgk)
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| Set/Reset Deadlines: Plaintiff's Supplemental response due by June 21, 2024. Action due by 6/21/2024 per Order 23. (tkm) |
| Filing 22 RESPONSE to #2 Motion for Preliminary Injunction filed by Anthony Wills. (Attachments: #1 Exhibit A, #2 Exhibit B)(Shultz, Robert) |
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Filing 21
ORDER: Defendants' Response (Doc. 20) to Plaintiff's Motion for a Preliminary Injunction (Docs. 2, 6) is unacceptable. Plaintiff alleges that in April of 2024 he was severely beaten at Menard, and since that time he has been unable to secure medical care for his injuries and he remains in close proximity to his assailants. In the Order for Service of Process, the Court clearly and unequivocally directed the response to address, "Plaintiff's current medical status, including his requests for care, and any care he has received. [As well as] Plaintiff's proximity to Defendants Hart, Bent, and Morgan." (Doc. 8 at 9). Rather than address these issues, Defendants plainly argue that Plaintiff is not likely to succeed on the merits of his claims, he has not exhausted his administrative remedies, and the relief he seeks is too ambiguous. The Court finds the Response severely deficient. Defendant shall have 7 days, until May 30, 2024, to file a supplemental response consistent with this Court's Order (Doc. 8).. Signed by Judge David W. Dugan on 5/23/2024. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction. Supplemental Response due by 5/30/2024 (adh) |
| Filing 20 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by Anthony Wills. (Shultz, Robert) |
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Filing 19
ORDER: On May 2, 2024, the Court directed Warden Anthony Wills to respond to the allegations in the Motion for a Preliminary Injunction (Doc. 2) within 14 days of counsel appearing on his behalf. Counsel appeared for Wills on May 3, meaning his response was due by May 17, 2024. To date, Wills has not yet responded to the Motion. Wills MUST file a response to the Motion (Doc. 2) as described in the Court's Order (Doc. 8) by May 28, 2024. Signed by Judge David W. Dugan on 5/21/2024. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines as to #2 MOTION for Preliminary Injunction. Responses due by 5/28/2024 (adh) |
| Filing 18 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). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 17 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 16 Initial Prisoner Filing Fee: $ 0.79 received, receipt number 9276 (djw) |
| Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Shultz, Robert) |
| Filing 14 WAIVER OF SERVICE Returned Executed C/O Bent waiver sent on 5/2/2024, answer due 7/1/2024; C/O Hart waiver sent on 5/2/2024, answer due 7/1/2024; Nurse Morgan waiver sent on 5/2/2024, answer due 7/1/2024. (tjk) |
| Filing 13 NOTICE FROM CLERK Instructing Eazs A. Harper and 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 Eazs A. Harper and Anthony Wills on 5/3/24. Consent due by 5/24/2024 (adh) |
| Filing 12 NOTICE of Appearance by Robert Brandon Shultz on behalf of Anthony Wills (Shultz, Robert) |
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Filing 11
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 5/2/2024. (adh)
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| Filing 10 REQUEST FOR WAIVER of Service sent to Bent, Hart, and Morgan on 5/2/2024. Waiver of Service due by 6/3/2024. (tjk) |
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Filing 9
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #7 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $0.79. 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 Menard Correctional Center upon entry of this Order. Signed by Judge David W. Dugan on 5/2/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
Order for Service of Process: As explained, Plaintiff may proceed on Claims 1-4 and 6, and the Clerk of Court is DIRECTED to serve Defendants Bent, Hart, and Morgan. By contrast, Claim 5 is insufficient against Defendant Wills. However, Defendant Wills shall remain in this case in his official capacity only, and he must respond to the Motion for a Preliminary Injunction (Doc. 2) within 14 days of counsel appearing on his behalf. A ruling on the Motion (Doc. 2) is DEFERRED until Wills files a response. The Clerk of Court is DIRECTED to enter the standard HIPAA order in this case. Signed by Judge David W. Dugan on 5/2/2024. (kgk)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Eazs A. Harper. (jaj) |
| Filing 6 COMPLAINT against All Defendants filed by Eazs A. Harper. (Attachments: #1 Copy of Motion for Preliminary Injunction and' or Temporary Restraining Order from 4/16/2024)(jaj) |
| Filing 5 WAIVER OF SERVICE Returned Executed as to Wills. (tjk) |
| Filing 4 REQUEST FOR WAIVER of Service sent to Anthony Wills on 4/24/2024. Waiver of Service due by 5/24/2024. (tjk) |
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Filing 3
Order for Service of Process: On April 23, 2024, this case was opened at the direction of District Judge Stephen McGlynn. (Doc. 1). The initiating document is a Motion for a Preliminary Injunction and Temporary Restraining Order (Doc. 2) wherein Plaintiff alleges that he was severely beaten upon his recent arrival to Menard Correctional Center on April 3, 2024. While Plaintiff will need to file an operative complaint in this matter if he wishes to proceed, Judge McGlynn also indicated that given the serious nature of the allegations, he believed Warden Anthony Wills should be directed to immediately review and respond to the Motion (Doc. 2). The undersigned agrees that this is a diligent course of action, so the Clerk of Court is DIRECTED to SERVE Defendant Wills with Documents 1 and 2, as well as this text entry. Once Wills enters an appearance, the Court will set a deadline for Wills to respond to the allegations in the Motion (Doc. 2). Plaintiff is still obligated to tell the Court within 14 days, by May 8, 2024, if he wishes to proceed in this new lawsuit. If he wants to proceed, he must also file a formal complaint. The Clerk of Court is DIRECTED to send Plaintiff a civil rights template. Signed by Judge David W. Dugan on 4/24/2024. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 2 MOTION for Preliminary Injunction and Temporary Restraining Order by Eazs A. Harper. (kare) |
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Filing 1
Memorandum and Order Severing case number 23-cv-912-SPM. Signed by Judge Stephen P. McGlynn on 4/22/2024. (kare)
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