Smith v. Wilson et al
| Thomas M. Smith |
| Jonathan Wilson, Matthew Johnson, Melissa Bird, John Barwick, Todd Haney and Afton Haggard |
| 3:2025cv00428 |
| March 28, 2025 |
| U.S. District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on August 13, 2025. A more recent docket listing may be available from PACER.
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Filing 29
90 DAY ORDER: Defense Counsel is DIRECTED to file a status report within 60 days from the date of this Order, advising the Court whether the Settlement Agreement has been fully executed and submitted for payment. The Clerk of Court is DIRECTED to enter judgment dismissing this action with prejudice and without costs 90 days from the date of this Order. Response due by 11/12/2025. Signed by Judge Staci M. Yandle on 8/13/2025. (beb)
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| Filing 28 Minute Entry for Proceedings held before Magistrate Judge Mark A. Beatty: On July 29, 2025, the undersigned conducted a scheduled settlement conference in Case No. 24-CV-2349-GCS, Smith v. Hughes, et. al. Plaintiff, Thomas Smith, appeared Pro Se. Attorney Christine McClimans appeared with representative Eric Rieckenberg on behalf of the Defendants. During the course of that settlement conference, the Court learned that Plaintiff Smith had an additional case pending in this District against IDOC Defendants: Case No. 25-CV-428-SMY, Smith v. Wilson, et. al. The parties agreed to pursue global negotiations of both cases and reached a global settlement. Accordingly, this case along with 24-CV-2349-GCS, are both settled in principle, but additional time is needed to finalize the settlement paperwork. Order to issue.(Court Reporter Liberty Recording.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Set/Reset Deadlines: Amended Pleadings due by 8/12/2025. Initial Partial Filing Fee due on or before 9/1/2025 (csb) |
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Filing 27
INITIAL SCHEDULING ORDER: Plaintiff still owes $11.95 towards payment of the initial partial filing fee and shall have until September 1, 2025 to pay that sum in full or to demonstrate that he has no means to pay that amount. Plaintiff shall have until August 12, 2025 to file a motion for leave to amend the complaint to include any additional claims or parties. Defendants shall have until September 2, 2025 to file a motion for summary judgment on the issue of exhaustion of administrative remedies. The Clerk of Court is DIRECTED to change Defendants' names in accordance with footnote 1. ( Dispositive Motions re Exhaustion of Administrative Remedies due by 9/2/2025.). Signed by Judge Staci M. Yandle on 7/1/2025. (beb)
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| Filing 26 ANSWER to #10 Amended Complaint by Warden Barwick, Sgt. Bird, Counselor Haggert, C/O Haney, Lt. Johnson, Wilson.(Shultz, Robert) |
| Filing 25 Initial Prisoner Filing Fee: $.94 received, receipt number 16754 (djw) |
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Filing 24
ORDER denying #14 Motion for Preliminary Injunction. Plaintiff was recently transferred to the Big Muddy River Correctional Center (Doc. #23 ), thus his request for transfer is moot. See Maddox v. Love, 655 F.3d 709, 716 (7th Cir. 2011) (citing Ortiz v. Downey, 561 F.3d 664, 668 (7th Cir. 2009)). Additionally, Plaintiff is not an attorney and cannot request a transfer on behalf of his cellmate. Signed by Judge Staci M. Yandle on 6/4/2025. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 NOTICE of Change of Address by Thomas M. Smith (kare) |
| Filing 22 NOTICE of Appearance by Robert Brandon Shultz on behalf of Warden Barwick, Sgt. Bird, Counselor Haggert, C/O Haney, Lt. Johnson, Wilson (Shultz, Robert) |
| Filing 21 WAIVER OF SERVICE Returned Executed. C/O Haney waiver sent on 5/6/2025, answer due 7/7/2025. (mado) |
| Filing 20 WAIVER OF SERVICE Returned Executed. Lt. Johnson waiver sent on 5/6/2025, answer due 7/7/2025. (mado) |
| Filing 19 WAIVER OF SERVICE Returned Executed. Sgt. Bird waiver sent on 5/6/2025, answer due 7/7/2025. (mado) |
| Filing 18 WAIVER OF SERVICE Returned Executed. Counselor Haggert (Haggard) waiver sent on 5/6/2025, answer due 7/7/2025. (mado) |
| Filing 17 Waiver of Service Returned Unexecuted as to Defendant Haggert with notation from Pinckneyville Litigation Coordinator that they do not have an employee with that name. (mado) |
| Filing 16 WAIVER OF SERVICE Returned Executed. Wilson waiver sent on 5/6/2025, answer due 7/7/2025. (mado) |
| Filing 15 WAIVER OF SERVICE Returned Executed. Warden Barwick waiver sent on 5/6/2025, answer due 7/7/2025. (mado) |
| Filing 14 MOTION for Preliminary Injunction by Thomas M. Smith. (kare) |
| Filing 13 REQUESTS FOR WAIVER of Service sent to Defendants Johnson, Wilson, Bird, Barwick, Haney, and Haggert on 5/6/2025. Waiver of Service due by 6/6/2025. (mado) |
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Filing 12
Order for Service of Process upon Wilson, Lt. Johnson, Sgt. Bird, Warden Barwick (in his individual and official capacity), C/O Haney, and Counselor Haggert, denying #2 MOTION for Temporary Restraining Order; #11 MOTION for Temporary Restraining Order filed by Thomas M. Smith. The Complaint states colorable claims in Count 1 against Wilson, Johnson, Bird, Barwick (in his individual capacity), and Haggert; and in Count 2 against Bird and Haney. Signed by Judge Staci M. Yandle on 5/6/2025. (beb)
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| Filing 11 MOTION for Temporary Restraining Order by Thomas M. Smith. (kare) |
| Filing 10 AMENDED COMPLAINT against Warden Barwick, Sgt. Bird, Lt. Johnson, Wilson, C/O Haney, Counselor Haggert, filed by Thomas M. Smith. (Attachments: #1 Motion for Leave to File Amended Complaint)(kare) |
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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 $12.89. 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 4/16/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
ORDER: The Court has received your motion to proceed without prepayment of the filing fee. 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. 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 Staci M. Yandle on 4/16/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Thomas M. Smith. (kare) |
| Filing 6 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 386, this case will remain with the assigned District Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
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Filing 4
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 25-428-SMY. Within 30 days of the entry of this Order, you are ORDERED to submit the $405.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). 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 Staci M. Yandle on 3/28/2025. (kare)
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| Filing 3 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 3/28/2025. Consent due by 4/18/2025 (kare) |
| Filing 2 MOTION for Temporary Restraining Order by Thomas M. Smith. (kare) |
| Filing 1 COMPLAINT against All Defendants, filed by Thomas M. Smith.(kare) |
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