Merritte v. Brace et al
| Calvin L. Merritte |
| Anthony Wills, John Doe 1, Hubert Brace, Patrick Harris, Rodney Barker and Sheri Buettner |
| 3:2025cv01954 |
| October 23, 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 March 31, 2026. A more recent docket listing may be available from PACER.
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Filing 45
INITIAL SCHEDULING AND DISCOVERY ORDER: Plaintiff's initial partial filing fee due by June 1, 2026. A motion for leave to file an amended complaint must be filed, if at all, by June 1, 2026. Dispositive Motions re Exhaustion of Administrative Remedies due by June 29, 2026. 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 3/31/2026. (jrj)
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| Set/Reset Deadlines: Amended Pleadings due by 6/1/2026. (clw) |
| Filing 44 ANSWER to #5 Amended Complaint by Sgt. Harris.(CreelGould, Evan) |
| Filing 43 NOTICE of Change of Address by Calvin L. Merritte (kare) |
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Filing 42
ORDER denying #38 Motion for Subpoena Forms. Plaintiff's request for subpoenas so that he can obtain copies of his medical records is DENIED as premature. Not all the Defendants have filed answers to the First Amended Complaint, and discovery has not commenced in this case. Plaintiff is free to request his medical records at any time through proper internal procedures. The Court, however, will not issue subpoenas at this time. Once all the parties have responded to the First Amended Complaint, the Court will enter an Initial Scheduling and Discovery Order with instructions and deadlines for the exchange of documents and other information. Signed by Judge Stephen P. McGlynn on 2/27/2026. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 41
ORDER granting #40 Motion for Extension of Time to Answer. Defendant Harris shall file his answer to the Complaint on or before March 17, 2026. Signed by Judge Stephen P. McGlynn on 2/27/2026. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 40 MOTION for Extension of Time to File Answer by Sgt. Harris. (CreelGould, Evan) |
| Filing 39 NOTICE of Appearance by Evan CreelGould on behalf of Sgt. Harris (CreelGould, Evan) |
| Filing 38 MOTION for Subpoena Forms by Calvin L. Merritte. (kare) |
| Filing 37 Initial Prisoner Filing Fee: $ 20 received, receipt number 21212 (clw) |
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Filing 36
ORDER: On December 17, 2025, Defendant Harris returned an executed waiver of service (Doc. 30). Defendant Harris's deadline for filing an answer was February 2, 2026, but nothing further has been received. It is unclear whether the Illinois Attorney General's Office or other counsel was notified of the waiver or deadline. Therefore, the Court will sua sponte extend the deadline for Defendant Harris to file an answer to February 24, 2026. The Clerk is DIRECTED to provide a copy of this Order to Defendant Harris at the address where the waiver was served, and to Assistant Attorney Generals Lisa Cook and Christine McClimans. Defendant Harris is warned that a failure to file a timely answer may result in a default judgment against them. Signed by Judge Stephen P. McGlynn on 2/3/2026. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 35 ANSWER to #5 Amended Complaint by C/O Brace, Rodney Braker, Anthony Wills.(CreelGould, Evan) |
| Filing 34 Initial Prisoner Filing Fee: $ 3.12 received, receipt number 20288 (clw) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Anthony Wills. Anthony Wills waiver sent on 11/24/2025, answer due 1/23/2026. (CreelGould, Evan) |
| Filing 32 WAIVER OF SERVICE Returned Executed by C/O Brace. C/O Brace waiver sent on 11/24/2025, answer due 1/23/2026. (CreelGould, Evan) |
| Filing 31 WAIVER OF SERVICE Returned Executed by Rodney Braker. Rodney Braker waiver sent on 11/24/2025, answer due 1/23/2026. (CreelGould, Evan) |
| Filing 30 WAIVER OF SERVICE Returned Executed. Sgt. Harris waiver sent on 12/4/2025, answer due 2/2/2026. (mado) |
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Filing 29
ORDER: On December 9, 2025, Attorney Evan CreelGould entered his appearance for Defendant Anthony Wills. However, Attorney CreelGould has not filed a signed copy of the Court's Waiver of Service directed to Defendant Wills (Doc. 16). Accordingly, Attorney CreelGould is DIRECTED to file the signed waiver using the event Waiver of Service Executed within 14 days. Signed by Judge Stephen P. McGlynn on 12/17/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 28
ORDER: On December 9, 2025, Attorney Evan CreelGould entered his appearance for Defendant Rodney Braker. However, Attorney CreelGould has not filed a signed copy of the Court's Waiver of Service directed to Defendant Braker (Doc. 16). Accordingly, Attorney CreelGould is DIRECTED to file the signed waiver using the event Waiver of Service Executed within 14 days. Signed by Judge Stephen P. McGlynn on 12/17/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
ORDER: On December 9, 2025, Attorney Evan CreelGould entered his appearance for Defendant C/O Brace. However, Attorney CreelGould has not filed a signed copy of the Courts Waiver of Service directed to Defendant Brace (Doc. 16). Accordingly, Attorney CreelGould is DIRECTED to file the signed waiver using the event Waiver of Service Executed within 14 days. Signed by Judge Stephen P. McGlynn on 12/17/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 26 ANSWER to #5 Amended Complaint by Ms. Buettner.(Bitner, Douglass) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Ms. Buettner. Ms. Buettner waiver sent on 11/24/2025, answer due 1/23/2026. (Bitner, Douglass) |
| Filing 24 NOTICE of Appearance by Douglass R. Bitner on behalf of Ms. Buettner (Bitner, Douglass) |
| Filing 23 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (CreelGould, Evan) |
| Filing 22 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (CreelGould, Evan) |
| Filing 21 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (CreelGould, Evan) |
| Filing 20 NOTICE of Appearance by Evan CreelGould on behalf of C/O Brace, Rodney Braker, Anthony Wills (CreelGould, Evan) |
| Filing 19 SECOND REQUEST FOR WAIVER of Service sent to Defendant Harris on 12/4/2025. Waiver of Service due by 1/5/2026. (mado) |
| Filing 18 Initial Prisoner Filing Fee: $ 3.12 received, receipt number 19779 (djw) |
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Filing 17
HIPAA Qualified Protective Order. Signed by Judge Stephen P. McGlynn on 11/25/2025. (clw)
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| Filing 16 REQUESTS FOR WAIVER of Service sent to Defendants Brace, Harris, Braker, Wills, and Buettner on 11/24/2025. Waivers of Service due by 12/26/2025. (mado) |
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Filing 15
ORDER: The First Amended Complaint survives preliminary review pursuant to Section 1915A. The Clerk of Court is DIRECTED to serve process on Defendants Brace, Harris, Braker, Buettner, Wills (official capacity only), and John Doe 1 (once identified) in accordance with this Order. Because there are no surviving claims against Roland, Hughes, John Doe 2, John Doe 3, John Doe 4, John Doe 5, Jane Doe 1, Jane Doe 2, Pritzker, and John/Jane Doe IDOC's Chief Operations Officer, they shall be TERMINATED as defendants on the docket. The Clerk of of Court is further DIRECTED to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The #11 , #14 requests for preliminary injunctive relief are DENIED. Signed by Judge Stephen P. McGlynn on 11/24/2025. (jrj)
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| Filing 14 SUPPLEMENTAL MOTION for Preliminary Injunction by Calvin L. Merritte. (jaj) |
| Filing 13 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 408, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kare) |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 11 MOTION for Preliminary Injunction by Calvin L. Merritte. (kare) |
| Filing 10 NOTICE: Plaintiff 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. 408, Plaintiff shall return the form within 7 days or face possible sanctions. Consent due by 11/20/2025 (jaj) |
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Filing 9
ORDER GRANTING Plaintiff's motions for leave to proceed in forma pauperis ("IFP") (Docs. 2 and 6). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $159.18. 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 $10.00 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 Menard Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 10/30/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 Prisoner Trust Fund Account Statement. (mado) |
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Filing 7
ORDER: Plaintiff filed Motions for Leave to Proceed in Forma Pauperis ("IFP") in this case (Docs. 2 and 6) but failed to provide the necessary prisoner trust fund account information as required by the Prison Litigation Reform Act (PLRA). Therefore, Plaintiff is ORDERED to provide the Clerk of Court with the attached Certification completed by the Trust Fund Officer at his facility and a copy of his trust fund account statement (or institutional equivalent) for the period April 23, 2025, thru October 23, 2025, no later than December 12, 2025. Failure to do so will result in dismissal of this case for failure to comply with an order of the 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 Menard Correctional Center. Signed by Judge Stephen P. McGlynn on 10/28/2025. (mado)
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| Filing 6 SUPPLEMENTAL MOTION for Leave to Proceed in forma pauperis by Calvin L. Merritte. (kare) |
| Filing 5 AMENDED COMPLAINT against All Defendants, filed by Calvin L. Merritte.(kare) |
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Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 25-1954-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 10/23/2025. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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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. 408, 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 10/23/2025. Consent due by 11/13/2025 (kare) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Calvin L. Merritte. (kare) |
| Filing 1 COMPLAINT against All Defendants, filed by Calvin L. Merritte.(kare) |
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