Morris v. Barwick et al
| Barry Morris |
| Dr. Percy Myers, John Barwick and IDOC |
| 3:2024cv01649 |
| July 2, 2024 |
| U.S. District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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| Set/Reset Deadlines as to #12 MOTION for Temporary Restraining Order. Reply to Defendants' Response in Opposition due by 9/9/2024. (csb) |
Filing 31
ORDER: Plaintiff may file a Reply to Defendants' Response in Opposition to #12 Motion for Preliminary Injunction on or before SEPTEMBER 9, 2024. The Reply is limited to 5 pages in length and should only address those issues raised in Defendants' Response (Doc. 30). Signed by Judge Staci M. Yandle on 8/27/2024. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 30 RESPONSE to Motion re #12 MOTION for Temporary Restraining Order filed by John Barwick. (Attachments: #1 Exhibit A)(Ewell, Charles) |
| Filing 29 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Tandy, Hazel) |
| Filing 28 DEMAND for Trial by Jury by Percy Myers. (Tandy, Hazel) |
| Filing 27 NOTICE of Appearance by Hazel Tandy on behalf of Percy Myers (Tandy, Hazel) |
| Filing 26 NOTICE of Appearance by Timothy P. Dugan on behalf of Percy Myers (Dugan, Timothy) |
| Filing 25 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Ewell, Charles) |
| Filing 24 Initial Prisoner Filing Fee: $ 27.17 received, receipt number 10960 (clw) |
| Filing 23 NOTICE FROM CLERK Instructing John Barwick to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 386, 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 John Barwick on 8/19/2024. Consent due by 9/9/2024 (csb) |
| Filing 22 NOTICE of Appearance by Charles Ewell on behalf of John Barwick (Ewell, Charles) |
| Filing 21 WAIVER OF SERVICE Returned Executed Percy Myers waiver sent on 8/12/2024, answer due 10/11/2024. (mamo) |
| Filing 20 WAIVER OF SERVICE Returned Executed John Barwick waiver sent on 8/12/2024, answer due 10/11/2024. (mamo) |
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Filing 19
HIPAA Qualified Protective Order. Signed by Judge Staci M. Yandle on 8/12/2024. (csb)
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| Filing 18 REQUEST FOR WAIVER of Service sent to Defendants IDOC, Barwick and Myers on 8/12/2024. Waiver of Service due by 9/11/2024. (mamo) |
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Filing 17
ORDER FOR SERVICE OF PROCESS on ILLINOIS DEPARTMENT OF CORRECTIONS, JOHN BARWICK, and PERCY MYERS. The #11 Complaint survives review under 28 U.S.C. 1915A. COUNT 1 will proceed against MYERS and BARWICK, and COUNT 2 will proceed against ILLINOIS DEPARTMENT OF CORRECTIONS and BARWICK (official capacity). Plaintiff's #14 Motion for Recruitment of Counsel and #12 Motion for Temporary Restraining Order are DENIED. The Court DEFERS a decision on the #12 Motion for a Preliminary Injunction until Defendants respond. Warden Barwick, named in an official capacity, is ORDERED to respond to the pending motion within 14 days of accepting service of this lawsuit. The Court will then review the response and determine whether a hearing on this motion is necessary before a decision. The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge Staci M. Yandle on 8/12/2024. (jsy)
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Filing 16
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Docs. [2 and 13]). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $27.17. 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 Staci M. Yandle on 8/8/2024. (mamo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 NOTICE OF MODIFICATION re #11 Complaint filed by Barry Morris. Corrected title of document from Amended Complaint to Complaint. No further action is required by the filer in relation to this notification. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 MOTION for Recruitment of Counsel by Barry Morris. (kare) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis by Barry Morris. (kare) |
| Filing 12 MOTION for Temporary Restraining Order and/or Preliminary Injunction by Barry Morris. (kare) |
| Filing 11 COMPLAINT against All Defendants, filed by Barry Morris.(kare) Modified on 8/8/2024 (kare). |
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Filing 10
ORDER: Plaintiff's Motion for Recruitment of Counsel (Doc. #3 ) is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court conducts a preliminary review of the Complaint under 28 U.S.C. 1915A, which requires the Court to screen prisoner Complaints to filter out nonmeritorious claims. 28 U.S.C. 1915A(a). Given the early stage of the litigation, it is difficult to accurately evaluate the need for assistance of counsel, so the recruitment of counsel would be premature. See Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013) ("[U]ntil the defendants respond to the complaint, the plaintiff's need for assistance of counsel... cannot be gauged."). If Plaintiff's Complaint survives Section 1915A review, and he encounters difficulties in self-representation as this case proceeds, he may refile his motion seeking recruitment of counsel. If he chooses to renew his request, he should submit rejection letters from at least 3 attorneys to demonstrate that he has made reasonable efforts to obtain counsel on his own. Signed by Judge Staci M. Yandle on 7/16/2024. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
ORDER: Plaintiff Barry Morris notified the Court of his intent to proceed with this case at Doc. 8, and he voluntarily dismissed his duplicative case: Morris v. Borwick, et al., Case No. 24-cv-01470-SMY (S.D. Ill.) (original case) (Docs. 27, 28). Both cases were opened upon receipt of a Motion for Temporary Restraining Order (TRO motion) without a Complaint. Both address the same claims, defendants, and requests for relief. In the original case, Plaintiff's request for a TRO was DENIED without prejudice (see Doc. 9, p. 8), while several claims survived screening under 28 U.S.C. 1915A. In this case, Plaintiff's request for a TRO (Doc. 1) is DENIED without prejudice on the same grounds as the original case (see Doc. 9, p. 8), but his motion cannot be treated as a complaint and must be dismissed without prejudice. This is because Doc. 1 is more akin to a piecemeal amendment to a complaint than a standalone complaint; it frequently incorporates by vague reference portions of Doc. 1 in the original case. This Court does not accept piecemeal amendments to a Complaint, however, so Plaintiff must file a standalone Complaint that refers to no other documents, if he wishes to proceed with this action. On or before AUGUST 15, 2024, Plaintiff is ORDERED to file a proper Complaint and, if he wishes, a Motion for Temporary Restraining Order and/or Preliminary Injunction IN THIS CASE (Case No. 24-cv-01646-SMY). The Court will screen the Complaint under 28 U.S.C. 1915A and the Motion for TRO and/or Preliminary Injunction under Fed. R. Civ. P. 65. Plaintiff is WARNED that failure to comply with this Order may result in dismissal of the action without prejudice. See Fed. R. Civ. P. 41(b). The Clerk's Office is DIRECTED to SEND Plaintiff a blank civil rights complaint form, along with this Order. Signed by Judge Staci M. Yandle on 7/16/2024. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 RESPONSE to 6 Order filed by Barry Morris. (jaj) |
| Action due by 7/22/2024. (kare) |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
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Filing 6
ORDER: Plaintiff Barry Morris, an inmate of the Illinois Department of Corrections at Pinkneyville Correctional Center, brings this civil rights action pursuant to 42 U.S.C. 1983, Americans with Disabilities Act, and Rehabilitation Act. (Doc. 1). This case is duplicative of Case No. 24-cv-01470-SMY filed on June 10, 2024. Both cases were opened upon receipt of a motion for temporary restraining order without a complaint. Both address the same claims, defendants, and requests for relief. For this reason, it is unclear whether Plaintiff intended to file the motion to request interim injunctive relief in his already-pending case (in which event he should file a "Motion for Temporary Restraining Order and/or Preliminary Injunction" in Case No. 24-cv-01470-SMY and not as a new action) OR Plaintiff filed the first suit prematurely before exhausting available administrative remedies for each claim (in which event he should file a "Motion to Voluntarily Dismiss" in Case No. 24-cv-01470-SMY and proceed with his claims in this action). Plaintiff must decide and let the Court know what he intends. On or before July 22, 2024, Plaintiff is ORDERED to ADVISE the Court, in writing, whether he intends to pursue this separate lawsuit as a new case or voluntarily dismiss it. Failure to respond shall result in dismissal of this action without prejudice as duplicative of Case No. 24-cv-01470-SMY. Signed by Judge Staci M. Yandle on 7/8/2024. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 Letter from USDC/SDIL to Plaintiff informing him of case number. (jaj) |
| 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. 386, 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 7/2/2024. Consent due by 7/23/2024 (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Barry Morris. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Barry Morris. (jaj) |
| Filing 1 MOTION for Temporary Restraining Order by Barry Morris. (jaj) |
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