Smith v. Nicole et al
| Michael Cori Smith |
| Nurse Nicole, John Doe 1, Warden Menard Correctional Center, John Doe 3 and John Doe 2 |
| 3:2025cv02067 |
| November 13, 2025 |
| U.S. District Court for the Southern District of Illinois |
| David W Dugan |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on September 2, 2026. A more recent docket listing may be available from PACER.
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Filing 32
ORDER: Plaintiff has filed identifying information about John Doe 1 at document 16, so the Warden shall now have until June 3, 2026, to provide responsive information and to file a Notice of Compliance. Plaintiff shall have until June 25, 2026, to file a Motion to Substitute a named individual for John Doe 1, failing which John Doe 1 may be dismissed for failure to prosecute. Signed by Judge David W. Dugan on 5/5/2026. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 MOTION for Settlement Conference or Mediation by Michael Cori Smith. (jaj) |
| Filing 30 Initial Prisoner Filing Fee: $ 2.81 received, receipt number 22060 (clw) |
| Filing 29 ANSWER to #1 Complaint by Warden Menard Correctional Center, Nurse Nicole.(CreelGould, Evan) |
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Filing 28
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 2/27/2026. (adh)
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Filing 27
ORDER: Defendants' Motion for a Protective Order (Doc. 26) is GRANTED, and the Clerk of Court shall enter the standard HIPAA protective order. Signed by Judge David W. Dugan on 2/27/2026. (kgk)
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| Filing 26 MOTION for Protective Order HIPAA Qualified Protective Order by Warden Menard Correctional Center, Nurse Nicole. (CreelGould, Evan) |
| Filing 25 Initial Prisoner Filing Fee: $ 3.12 received, receipt number 21397 (clw) |
| Filing 24 MOTION for Recruitment of Counsel by Michael Cori Smith. (jaj) |
| Filing 23 Initial Prisoner Filing Fee: $ 13.61 received, receipt number 21196 (clw) |
| 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 Warden Menard Correctional Center, Nurse Nicole (CreelGould, Evan) |
| Filing 19 WAIVER OF SERVICE Returned Executed. Warden Menard Correctional Center waiver sent on 1/13/2026, answer due 3/16/2026. (mado) |
| Filing 18 WAIVER OF SERVICE Returned Executed. Nurse Nicole waiver sent on 1/13/2026, answer due 3/16/2026. (mado) |
| Filing 17 AMENDED COMPLAINT against John Doe 1, John Doe 2, John Doe 3, Nurse Nicolefiled by Michael Cori Smith.(jaj) |
| Filing 16 NOTICE of Identifying Information About John Doe 1 by Michael Cori Smith re #12 Order. (jaj) |
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Filing 15
ORDER GRANTING Plaintiff's motion for leave to proceed in forma pauperis ("IFP") (Doc. 14). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $17.90. 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 David W. Dugan on 1/16/2026. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 MOTION for Leave to Proceed in forma pauperis by Michael Cori Smith. (jaj) |
| Filing 13 REQUESTS FOR WAIVER of Service sent to Defendants Nicole and Warden of Menard on 1/13/2026. Waivers of Service due by 2/13/2026. (mado) |
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Filing 12
Order for Service of Process: Claim 1 may proceed against Nurse Nicole, and Claim 2 may proceed against John Doe (October 17, 2023 hospital transport officer). The Clerk of Court shall add the Warden of Menard in official capacity only to help identify John Doe. The Clerk shall serve Nurse Nicole and the Warden of Menard. Plaintiff shall have 21 days (until February 3, 2026) to file a Notice with a description of John Doe. The Warden will then be directed to respond. By contrast, Claim 3 is insufficient to state a claim. Plaintiff has failed to state a claim against Defendants Schoenbeck, Marcum, Linger, Hughes, Miles, Nurse Jesse, and Chitty, so the Clerk of Court shall TERMINATE these defendants. Plaintiff's Motion to Compel (Doc. 9) is DENIED as MOOT because the Court has now received his trust fund statement. However, he has not yet filed a signed Motion to Proceed In Forma Pauperis. The Clerk shall send him a new IFP application and he shall have 30 days (until February 12, 2026) to return it signed. He does NOT need to submit the portion certified by a prison officer and he does NOT need to submit a new trust fund statement. Failure to submit the IFP application or to file a Notice about John Doe may result in a dismissal for failure to prosecute. Signed by Judge David W. Dugan on 1/12/2026. (kgk)
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| Filing 11 Prisoner Trust Fund Account Statement. (mado) |
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Filing 10
ORDER: Plaintiff filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (Doc. 2) 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 May 13, 2025, thru November 13, 2025, no later than February 6, 2026. 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 David W. Dugan on 12/23/2025. (mado)
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| Filing 9 MOTION to Compel by Michael Cori Smith. (jaj) |
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Filing 8
ORDER: Plaintiff's timely Motion to Continue (Doc. 7) seeking more time to submit his trust fund statement and Motion to Proceed In Forma Pauperis is GRANTED. The Clerk of Court shall send Plaintiff an IFP template, and he shall have until January 8, 2026, to file his motion or to pay the $405 filing fee. Signed by Judge David W. Dugan on 12/9/2025. (kgk)
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| Filing 7 MOTION to Continue Filing of Motion to Proceed IFP and Trust Fund Statement by Michael Cori Smith. (jaj) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
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Filing 5
ORDER: Plaintiff has filed a motion to proceed without prepayment of the filing fee (IFP). However, the motion is missing key information, and the Plaintiff has failed to sign the motion. Federal Rule of Civil Procedure 11 requires that "Every pleading, written motion, and other paper must be signed...by a party personally if the party is unrepresented." The Clerk of Court is DIRECTED to STRIKE Doc. 2. Plaintiff is ORDERED to submit a properly signed motion, on or before December 2, 2025. Plaintiffs failure to do so by the deadline may result in the dismissal of this action without prejudice. See Fed. R. Civ. P. 41. The Clerk of Court is DIRECTED to return the original or a copy of Doc. 2 to Plaintiff along with this Order and a blank Motion and Affidavit to Proceed in District Court without Prepaying Fees or Costs. Signed by Judge David W. Dugan on 11/18/2025. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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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 25-2067-DWD. 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 David W. Dugan on 11/13/2025. (jaj)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 11/13/2025. Consent due by 12/4/2025 (jaj) |
| Filing 2 STRICKEN PER ORDER AT DOC 5 - MOTION for Leave to Proceed in forma pauperis by Michael Cori Smith. (jaj) Modified on 11/19/2025 (kare). |
| Filing 1 COMPLAINT against All Defendants filed by Michael Cori Smith.(jaj) |
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