Headrick v. Mayor et al
| Joshua S. Headrick |
| Mayor, Harrisburg Police Department and Eric Gott |
| 3:2025cv00180 |
| February 6, 2025 |
| U.S. District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 4, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 28
ORDER FINDING as MOOT #24 Motion for Leave to Proceed in forma pauperis. Plaintiff already filed a #3 Motion for Leave to Proceed In Forma Pauperis that was granted (Doc. 9), and he paid the initial partial filing fee of $12.39 on March 14, 2025 (Doc. 12). Signed by Judge J. Phil Gilbert on 4/4/2025. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 27
ORDER DENYING without prejudice #23 Second Motion for Recruitment of Counsel for the same reasons Plaintiff's original #2 Motion for Recruitment of Counsel was denied (see Doc. 20). In addition, Plaintiff still has not shown reasonable efforts to find an attorney on his own. He submitted two letters requesting outside counsel dated March 27, 2025, without any response to either one. Meanwhile, Plaintiff has continued to demonstrate that he is capable or representing himself at this very early stage, despite his concerns with spelling errors and difficulties reading paperwork. Plaintiff may renew his request for counsel by filing a new motion as the case proceeds, if litigation becomes too difficult for him. Signed by Judge J. Phil Gilbert on 4/4/2025. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 26
ORDER GRANTING [22-1] Motion for Leave to File Amended Complaint and #25 Motion Requesting to Know What the First Amended Complaint is. Plaintiff has now filed a #22 First Amended Complaint in compliance with the Court's Orders (see, e.g., Docs. 18, 21). The First Amended Complaint is subject to screening by the Court under 28 U.S.C. 1915A. Plaintiff will be provided with a copy of the Merit Review Order once this screening process is complete. Signed by Judge J. Phil Gilbert on 4/4/2025. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 25 MOTION Requesting to Know What the First Amended Complaint is. by Joshua S. Headrick. (kare) |
| Filing 24 MOTION for Leave to Proceed in forma pauperis by Joshua S. Headrick. (kare) |
| Filing 23 MOTION for Recruitment of Counsel by Joshua S. Headrick. (kare) |
| Filing 22 AMENDED COMPLAINT against All Defendants, filed by Joshua S. Headrick. (Attachments: #1 Motion to File Amended Complaint)(kare) |
| Set/Reset Deadlines: Amended Pleadings due by 4/7/2025. (jaj) |
|
Filing 21
ORDER RE: #19 Third Motion to Proceed with First Amended Complaint. Plaintiff again filed a contradictory motion, in which he indicates that he wants to proceed with the "First Amended Complaint" filed February 6, 2025. Plaintiff filed his original Complaint on February 6, 2025. No First Amended Complaint is on file. Plaintiff must file a First Amended Complaint that stands on its own without reference to any other document on or before APRIL 7, 2025, if he wishes to proceed. Plaintiff is WARNED, one final time, that failure to file a First Amended Complaint in compliance with the Court's Orders here and at Docs. 16 and 18 will result in dismissal of this action for non-compliance with one or more Court Orders after the deadline expires. See Fed. R. Civ. P. 41. Signed by Judge J. Phil Gilbert on 3/31/2025. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 20
ORDER DENYING #2 Motion for Recruitment of Counsel. The Court generally will not consider recruiting counsel for a pro se plaintiff until conducting a preliminary review of the complaint under 28 U.S.C. 1915A. This requires the Court to screen and filter out nonmeritorious claims. 28 U.S.C. 1915A(a)-(b). Given the early stage of litigation and the fact that Plaintiff has not yet filed his First Amended Complaint due April 4, 2025, the Court is unable to accurately evaluate the claims at issue, the difficulty of the case, or the need for assistance of counsel. Recruitment of counsel would be premature. See Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013). In addition, Plaintiff's reason for seeking counsel is due to his difficulty understanding legal forms and spelling. However, his pleadings will be liberally construed by the Court at this stage. If the First Amended Complaint survives Section 1915A review and he encounters difficulties in self-representation, Plaintiff may file a new motion. If he chooses to do so, 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 J. Phil Gilbert on 3/31/2025. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 19 MOTION to Proceed with First Amended Complaint by Joshua S. Headrick. (kare) |
|
Filing 18
ORDER RE: #17 Second Motion to Proceed with First Amended Complaint. Plaintiff was previously ORDERED to file a "First Amended Complaint" in this case (No. 25-180-JPG) on or before APRIL 4, 2025, and he was provided with a civil rights complaint form for this purpose. See, e.g., Doc. 16. He is again WARNED that failure to file a First Amended Complaint that stands on its own without reference to any other document will result in dismissal of this action for non-compliance with one or more court orders after the deadlines expires. See Fed. R. Civ. P. 41. Signed by Judge J. Phil Gilbert on 3/25/2025. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 17 MOTION to Proceed with First Amended Complaint by Joshua S. Headrick. (kare) |
|
Filing 16
ORDER STRIKING #13 Motion to Proceed with Original Complaint; 14 Order Granting Motion; and #15 Motion to Proceed with First Amended Complaint for non-compliance with the Court's Order at Doc. 11. Plaintiff can only proceed with a single standalone complaint. He filed contradictory motions, see Docs. 13, 15, so it remains unclear how he intends to proceed. Plaintiff is ORDERED to file a "First Amended Complaint" in this case (No. 25-180-JPG) on or before APRIL 4, 2025. He is WARNED that failure to file a First Amended Complaint that stands on its own without reference to any other document will result in dismissal of this action for non-compliance with one or more court orders after the deadlines expires. See Fed. R. Civ. P. 41. The Clerk's Office is DIRECTED to SEND Plaintiff a copy of the Court's standard civil rights complaint form, his original Complaint (Doc. 1), and his Statement of Claim (Doc. 10) for use in preparing a First Amended Complaint. Signed by Judge J. Phil Gilbert on 3/24/2025. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 15 STRICKEN PER ORDER 16 - MOTION to Proceed with First Amended Complaint by Joshua S. Headrick. (kare) Modified on 3/26/2025 (kare). |
|
Filing 14
STRICKEN PER ORDER 16 - ORDER GRANTING #13 Motion to Proceed with Original Complaint (Doc. 1) by Joshua S. Headrick. In his motion, Plaintiff explains that the Complaint (Doc. 1) filed February 6, 2025, serves as the operative complaint in this matter--not the Statement of Claim (Doc. 10) filed March 4, 2025. The Court will therefore screen the original #1 Complaint under 28 U.S.C. 1915A and provide the parties with a copy of the Merit Review Order once this process is complete. Signed by Judge J. Phil Gilbert on 3/20/2025. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 3/26/2025 (kare).
|
| Filing 13 STRICKEN PER ORDER 16 - MOTION to Proceed with Original Complaint by Joshua S. Headrick. (kare) Modified on 3/26/2025 (kare). |
| Filing 12 Initial Prisoner Filing Fee: $ 12.39 received, receipt number 14486 (clw) |
|
Filing 11
ORDER: Plaintiff supplemented his Complaint (Doc. 1), filed February 6, 2025, with a Statement of Claim (Doc. 10), filed March 4, 2025. The Court does not accept piecemeal amendments to a pleading; a complaint must stand on its own without reference to any other document. This matter cannot be screened pursuant to 28 U.S.C. 1915A until Plaintiff files a single standalone complaint. On or before MARCH 28, 2025, Plaintiff is ORDERED to file a First Amended Complaint that stands on its own or a Notice of his intent to proceed with the original Complaint without reference to any other document. Plaintiff is WARNED that failure to comply with this Order may result in dismissal of this action without prejudice for noncompliance with a Court Order and/or for failure to prosecute his claim(s). See Fed. R. Civ. P. 41. Signed by Judge J. Phil Gilbert on 3/7/2025. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 10 STATEMENT OF CLAIM by Joshua S. Headrick.. (kare) |
|
Filing 9
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $12.39. 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 J. Phil Gilbert on 3/3/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 8
ORDER DENYING #6 Motion to Transfer Case to the United States District Court - Southern District of Illinois (Benton Division). Prisoner-filed civil cases are randomly assigned to one of the judges who works in the United States District Court for the Southern District of Illinois-East St. Louis or Benton Division. This particular case was already randomly assigned to Honorable J. Phil Gilbert whose courtroom is located in Benton, Illinois. Signed by Judge J. Phil Gilbert on 2/21/2025. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 6 MOTION to Transfer Case by Joshua S. Headrick. (kare) |
|
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 25-180-JPG. 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.: 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 J. Phil Gilbert on 2/6/2025. (kare)
|
| 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 2/6/2025. Consent due by 2/27/2025 (kare) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Joshua S. Headrick. (kare) |
| Filing 2 MOTION for Recruitment of Counsel by Joshua S. Headrick. (kare) |
| Filing 1 COMPLAINT against All Defendants, filed by Joshua S. Headrick.(kare) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
