Smith v. Brine et al
| Eric S Smith |
| E Pierce, C/O Story, C/O Bent, Matthew Major and Tyler Richerson |
| 3:2025cv01957 |
| October 24, 2025 |
| U.S. District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Defendant |
Docket Report
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This docket was last retrieved on April 21, 2026. A more recent docket listing may be available from PACER.
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| Filing 38 Letter to the court from Eric Smith. (kdw) |
| Filing 37 Summons Issued as to Tyler Richerson. (mado) |
Filing 36
INITIAL SCHEDULING ORDER: Dispositive Motions re Exhaustion of Administrative Remedies due by 7/9/2026. The Clerk of Court is DIRECTED to CORRECT the docket in accordance with footnote 1. Signed by Judge Nancy J. Rosenstengel on 4/9/2026. (anp)
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Filing 35
Order for Service of Process upon Tyler Richerson. The Clerk of Court is DIRECTED to CORRECT the docket to reflect C/O Richards as Tyler Richerson. The summons is REISSUED as to Defendant Tyler Richerson and the United States Marshals Service shall make reasonable efforts to locate and serve the summons, Complaint, and the merits review Order on this defendant. Signed by Judge Nancy J. Rosenstengel on 4/9/2026. (anp)
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Filing 34
ORDER granting #25 Motion to Substitute Party. Although Plaintiff identified a C/O Brine as the individual involved in the assault and who claimed Plaintiff bit his finger, no such person by that name exists at Menard. Counsel for Matthew Major has entered his appearance and indicates that Major was the officer who issued the disciplinary ticket for the bitten finger. He offers the disciplinary ticket showing Matthew Major was the individual Plaintiff identified as C/O Brine (Doc. 25-1). Plaintiff has not objected to the motion to substitute. Thus, the motion is GRANTED and Matthew Major is SUBSTITUTED in place of C/O Brine. As Major already returned the waiver of service (Doc. 12, p. 2) and filed his Answer (Doc. 26), the Court finds that no additional service is necessary. Signed by Judge Nancy J. Rosenstengel on 4/9/2026. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 33
ORDER denying #28 Motion for Leave to File. Plaintiff indicates that he wishes to amend his pleading in order to include additional defendants. Although he attaches a proposed amended pleading, the complaint does not comply with SDIL Local Rule 15.1(b)(2) which requires that all new material in an amended pleading be underlined. Plaintiff's failure to follow this rule makes it difficult to discern the new material that Plaintiff wishes to add. Because Plaintiff's filing fails to comply with Local Rules, his motion to amend is DENIED. His motions for declaratory judgement (Doc. 29) and summary judgment (Doc. 30) are DENIED as premature. The Court has not entered a scheduling order setting forth discovery and dispositive motion deadlines and is still in the process of identifying and serving some defendants. Plaintiff's motions for judgment at this early stage are premature. Defendants' #32 Motion to Strike is DENIED as moot. Signed by Judge Nancy J. Rosenstengel on 4/9/2026. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 32 MOTION to Strike #30 MOTION for Summary Judgment, #29 MOTION for Declaratory Judgment by C/O Bent, C/O Brine, E Pierce, C/O Story. (CreelGould, Evan) |
| Filing 31 NOTICE of Appearance by Evan CreelGould on behalf of C/O Bent, C/O Brine, E Pierce, C/O Story (CreelGould, Evan) |
| Filing 30 MOTION for Summary Judgment by Eric S Smith. (kare) |
| Filing 29 MOTION for Declaratory Judgment by Eric S Smith. (clw) |
| Filing 28 MOTION for Leave to File Amended Complaint by Eric S Smith. (Attachments: #1 Amended Complaint)(clw) |
| Filing 27 Summons Returned Unexecuted as to C/O Richards. (mado) |
| Filing 26 ANSWER to #1 Complaint and Affirmative Defenses by C/O Bent, C/O Brine, E Pierce, C/O Story.(Collum, Christopher) |
| Filing 25 MOTION to Substitute Party by C/O Brine. (Attachments: #1 Exhibit A)(Collum, Christopher) |
| Filing 24 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 23 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Collum, Christopher) |
| Filing 22 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Collum, Christopher) |
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Filing 21
ORDER GRANTING #20 MOTION for Extension of Time to File Answer filed by C/O Bent, E Pierce, C/O Story, and C/O Brine. Answers due 3/3/2026. Signed by Judge Nancy J. Rosenstengel on 2/11/2026. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 20 MOTION for Extension of Time to File Answer by C/O Bent, C/O Brine, E Pierce, C/O Story. (Collum, Christopher) |
| Filing 19 Summons Issued as to C/O Richards. (mado) |
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Filing 18
ORDER FOR SERVICE OF PROCESS: On December 12, 2025, the Court designated claims that will proceed in this lawsuit against Defendants to include Defendant C/O Richards (Doc. 9). The Clerk of Court attempted to serve Defendant C/O Richards by delivery of waivers of service, but the waivers were not returned. (Docs. 10 and 13). Although the Court required Plaintiff to pay the filing fee in this matter, it is still reasonably satisfied that Plaintiff does not have sufficient funds to cover other expenses in this litigation and finds it appropriate to deem him an in forma pauperis litigant by the terms of 28 U.S.C. Section 1915. With this finding, the Court directs the issuance of summons consistent with Federal Rule of Civil Procedure 4(c)(3). The Court now DIRECTS the Clerk of Court to tender a copy of this Order, the original Order for Service of Process (Doc. 9), and a summons for Defendant Richards to the United States Marshals Service for service of process consistent with Rule 4(c)(3). Signed by Judge Nancy J. Rosenstengel on 2/4/2026. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 NOTICE FROM CLERK Instructing C/O Brine 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 C/O Brine on 1/28/26. Consent due by 2/18/2026 (adh) |
| Filing 16 NOTICE of Appearance by Christopher Collum on behalf of C/O Brine (Collum, Christopher) |
| Filing 15 NOTICE FROM CLERK Instructing Quinnton Bent, Eliah Pearce and Andrew Story 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 Quinnton Bent, Eliah Pearce and Andrew Story on 1/23/26. Consent due by 2/13/2026 (adh) |
| Filing 14 NOTICE of Appearance by Christopher Collum on behalf of C/O Bent, E Pierce, C/O Story (Collum, Christopher) |
| Filing 13 SECOND REQUEST FOR WAIVER of Service sent to Defendant Richards on 12/19/2025. Waiver of Service due by 1/20/2026. (mado) |
| Filing 12 WAIVERS OF SERVICE Returned Executed C/O Bent waiver sent on 12/12/2025, answer due 2/10/2026; C/O Brine waiver sent on 12/12/2025, answer due 2/10/2026; E Pierce waiver sent on 12/12/2025, answer due 2/10/2026; C/O Story waiver sent on 12/12/2025, answer due 2/10/2026. (mado) |
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Filing 11
HIPAA Qualified Protective Order. Signed by Chief Judge Nancy J. Rosenstengel on 12/12/2025. (adh)
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| Filing 10 REQUESTS FOR WAIVER of Service sent to Defendants Brine, Pierce, Story, Bent, Richards on 12/12/2025. Waivers of Service due by 1/12/2026. (mado) |
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Filing 9
Order for Service of Process upon C/O Brine, E. Pierce, C/O Story, C/O Bent, and C/O Richardson. Count 1 shall proceed against C/O Brine, E. Pierce, C/O Story, C/O Bent, and C/O Richardson. All other claims and defendants are DISMISSED without prejudice. The Clerk is DIRECTED to enter the Court's standard HIPAA Qualified Protective Order. Signed by Chief Judge Nancy J. Rosenstengel on 12/12/2025. (anp)
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Filing 8
ORDER: The Court has received your payment of the filing fee. Now 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 Chief Judge Nancy J. Rosenstengel on 12/5/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing fee: $ 405.00, receipt number 19864 (jdc) |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 4 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 11/21/2025 (kare) |
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Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 25-1957-NJR. 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 Chief Judge Nancy J. Rosenstengel on 10/24/2025. (jaj)
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| Filing 2 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 10/24/2025. Consent due by 11/14/2025 (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Eric S Smith.(jaj) |
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