Washington v. Welge et al
| Kenyon Washington |
| Zachary Hart, Derrick Harrison and Dalton Kitchen |
| 3:2025cv00385 |
| March 24, 2025 |
| U.S. District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on July 28, 2025. A more recent docket listing may be available from PACER.
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Filing 34
ORDER granting #33 Motion for Extension of Time. Plaintiff shall have until August 11, 2025 to produce initial disclosures to Defendants, as specified in the Initial Scheduling and Discovery Order (Doc. #32 , p. 1-2). Signed by Judge Stephen P. McGlynn on 7/28/2025. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 33 MOTION for Extension of Time by Kenyon Washington. (jaj) |
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Filing 32
INITIAL SCHEDULING AND DISCOVERY ORDER: A motion for leave to amend the complaint should be filed, if at all, by September 12, 2025. Dispositive Motions re Exhaustion of Administrative Remedies due by October 14, 2025. The Clerk of Court is DIRECTED to correct Defendants' names on the docket in accordance with this Order. Signed by Judge Stephen P. McGlynn on 7/14/2025. (jrj)
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Filing 31
ORDER: On May 9, 2025, and again on June 20, 2025, the Court ordered Plaintiff to provide additional information to identify Defendant Slaughter. (Doc. 25, 30). The Court Order clearly informed Plaintiff that failure to comply within the Court's timeframe would result in the dismissal of Defendant Slaughter without prejudice. The time afforded by the Court has elapsed. Plaintiff failed to provide the Clerk of Court with any further information as ordered. Defendant Slaughter is therefore DISMISSED from this action without prejudice pursuant to Federal Rule of Civil Procedure 4(m). The Clerk of Court is directed to terminate C/O Slaughter as a party on the docket. Signed by Judge Stephen P. McGlynn on 7/14/2025. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 30
ORDER NOTICE OF IMPENDING DISMISSAL: Plaintiff was previously directed to provide to the Court by June 8, 2025, additional information regarding Defendant Slaughter's identity. (Doc. 25). Additional information is needed so that Slaughter can be correctly identified and served in this matter. Plaintiff was warned that his failure to comply with the Court's order may result in dismissal of Defendant Slaughter from this lawsuit. Plaintiff has missed the deadline. However, the Court will sua sponte extend the deadline. On or before June 27, 2025, Plaintiff is directed to provide additional information (i.e. physical description, date and time of alleged interaction giving rise to this lawsuit, etc.) to the Clerk of Court and file a notice of such, to identify Defendant Slaughter. Plaintiff is WARNED that his failure to comply with this Order will result in dismissal of Defendant Slaughter from this lawsuit. Signed by Judge Stephen P. McGlynn on 6/20/2025. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Action due by 6/27/2025. Plaintiff is directed to provide additional information (i.e. physical description, date and time of alleged interaction giving rise to this lawsuit, etc.) to the Clerk of Court and file a notice of such, to identify Defendant Slaughter. (jdc) |
| Filing 29 ANSWER to #1 Complaint and Affirmative Defenses by C/O Harrison, Zachary Hart, C/O Kitchen.(Noonan, Joseph) |
| Filing 28 NOTICE of Change of Address by Kenyon Washington (jaj) |
| Filing 27 NOTICE of Change of Address by Kenyon Washington (jaj) |
| Filing 26 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Noonan, Joseph) |
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Filing 25
ORDER: This action is before the Court for the purpose of docket control. As of today, Defendant C/O Slaughter has not been served. A request for waiver of service was returned unexecuted as to Defendant Slaughter on April 15, 2025, with a letter from Menard Correctional Center stating they were unable to identify Defendant Slaughter (Doc. #16 ). IT IS THEREFORE ORDERED that Plaintiff provide additional information (i.e. physical description, date and time of alleged interaction giving rise to this lawsuit, etc.) to the Clerk of Court and file a notice of such, to identify Defendant Slaughter. Plaintiff SHALL provide said information within 30 days of the date of this order so that process may be served upon him/her. Plaintiff is WARNED that his failure to comply with this Order may result in dismissal of Defendant Slaughter from this lawsuit. Signed by Judge Stephen P. McGlynn on 5/9/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 24 NOTICE FROM CLERK Instructing C/O Harrison 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 C/O Harrison on 5/8/2025. Consent due by 5/29/2025 (jdc) |
| Filing 23 NOTICE of Appearance by Joseph Noonan on behalf of C/O Harrison (Noonan, Joseph) |
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Filing 22
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 386, Kenyon Washington was previously directed to file the attached form indicating consent to proceed before the Magistrate Judge or an affirmative declination to consent. The time for doing so has long passed, and in spite of a warning and additional time to do so, said party continues to ignore the Court's directive by not returning the form. Thus, Kenyon Washington is ordered to SHOW CAUSE why sanctions should not be imposed for failure to file the attached form as is required under Administrative Order No. 347. Show Cause Response re Consent due by 5/14/2025. Signed by Judge Stephen P. McGlynn on 4/30/2025. (mado)
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| Filing 21 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Noonan, Joseph) |
| Filing 20 NOTICE FROM CLERK Instructing Zachary Hart and Dalton Kitchen 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 Zachary Hart and Dalton Kitchen on 4/22/2025. Consent due by 5/13/2025 (jdc) |
| Filing 19 Initial Prisoner Filing Fee: $ 27.50 received, receipt number 15331 (djw) |
| Filing 18 NOTICE of Appearance by Joseph Noonan on behalf of Zachary Hart, C/O Kitchen (Noonan, Joseph) |
| Filing 17 WAIVER OF SERVICE Returned Executed. C/O Harrison waiver sent on 4/17/2025, answer due 6/16/2025. (mado) |
| Filing 16 Waiver of Service Returned Unexecuted as to Defendant Slaughter. Unable to identify. (mado) |
| Filing 15 SECOND REQUEST FOR WAIVER of Service sent to Defendant Harrison on 4/17/2025. Waiver of Service due by 5/19/2025. (mado) |
| Filing 14 WAIVERS OF SERVICE Returned Executed. Zachary Hart waiver sent on 4/10/2025, answer due 6/9/2025; C/O Kitchen waiver sent on 4/10/2025, answer due 6/9/2025. (mado) |
| Filing 13 NOTICE: Kenyon Washington was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 386, Kenyon Washington shall return the form within 7 days or face possible sanctions. Consent due by 4/23/2025 (jdc) |
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Filing 12
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 $27.50. 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 Pontiac Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 4/10/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 REQUEST FOR WAIVER of Service sent to Defendants Harrison, Hart, Kitchen, and Slaughter on 4/10/2025. Waiver of Service due by 5/12/2025. (mado) |
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Filing 10
HIPAA Qualified Protective Order. Signed by Judge Stephen P. McGlynn on 4/10/2025. (kare)
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Filing 9
ORDER: The Complaint survives preliminary review pursuant to Section 1915A. The Clerk of Court is DIRECTED to serve process on Defendants Harrison, Hart, Kitchen, and Slaughter in accordance with this Order. Because there are no surviving claims against Welge, Pratt, and Angela, the Clerk of Court is DIRECTED to terminate them as Defendants. The Clerk is further DIRECTED to enter the standard qualified protective order pursuant to HIPAA. The #4 Motion for Recruitment of Counsel is DENIED. The requests for emergency injunctive relief in the form of a TRO and a preliminary injunction are DENIED. (See Doc. #1 , #2 ). Signed by Judge Stephen P. McGlynn on 4/9/2025. (jrj)
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| Filing 8 Prisoner Trust Fund Account Statement for Kenyon Washington. (kare) |
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Filing 7
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #3 ) but has failed to provide the necessary prisoner trust fund account information as required by the Prison Litigation Reform Act (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 trust fund account statement (or institutional equivalent) for the period of September 24, 2024, thru March 24, 2025, no later than 45 days from the date of this order (May 23, 2025). 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 Pontiac Correctional Center. Signed by Judge Stephen P. McGlynn on 4/8/2025. (mado)
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Filing 6
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 25-385-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 3/25/2025. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 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 3/25/2025. Consent due by 4/15/2025 (jaj) |
| Filing 4 MOTION for Recruitment of Counsel by Kenyon Washington. (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Kenyon Washington. (jaj) |
| Filing 2 MOTION for Preliminary Injunction by Kenyon Washington. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Kenyon Washington.(jaj) |
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