Almaraz v. Mahaland et al
| Ulises Almaraz |
| Sergeant Mahaland, Sergeant Wentz and Matthew Plummer |
| 3:2026cv00008 |
| January 6, 2026 |
| U.S. District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on June 23, 2026. A more recent docket listing may be available from PACER.
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Filing 27
HIPAA Qualified Protective Order. Signed by Judge Nancy J. Rosenstengel on 6/23/2026. (kdw)
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Filing 26
ORDER granting #24 Motion for Protective Order. The Clerk of Court is DIRECTED to enter the Court's standard HIPAA Qualified Protective Order. Signed by Judge Nancy J. Rosenstengel on 6/22/2026. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 25 ANSWER to #1 Complaint and Affirmative Defenses by Sergeant Mahaland.(McClimans, Christine) |
| Filing 24 MOTION for Protective Order HIPAA Qualified by Sergeant Mahaland. (McClimans, Christine) |
| Filing 23 NOTICE of Appearance by Christine G. McClimans on behalf of Matthew Plummer (McClimans, Christine) |
| Filing 22 WAIVER OF SERVICE Returned Executed Matthew Plummer waiver sent on 6/18/2026, answer due 8/17/2026. (mado) |
| Filing 21 REQUEST FOR WAIVER of Service sent to Defendant Plummer on 6/18/2026. Waiver of Service due by 7/20/2026. (mado) |
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Filing 20
Order for Service of Process upon Matthew Plummer (official capacity) re #19 Returned Waiver of Service. On May 22, 2026, the waiver of service for Sergeant Wentz was returned unexecuted because Menard Correctional Center was unable to identify an employee by that name (Doc. 19). Thus, the Court will treat Wentz as an unknown defendant. The Court ADDS Warden Matthew Plummer (official capacity only) to the case in order to respond to discovery aimed at identifying Wentz. The Clerk is DIRECTED to SERVE Plummer in accordance with the Court's merit review Order (Doc. 15). Plummer need not file an Answer. Once counsel has entered their appearance for Plummer, the Court will enter a scheduling order with further instructions regarding discovery aimed at identifying Wentz. Signed by Judge Nancy J. Rosenstengel on 6/18/2026. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 Waiver of Service Returned Unexecuted as to Defendant Sgt. Wentz. (mado) |
| Filing 18 NOTICE of Appearance by Christine G. McClimans on behalf of Sergeant Mahaland (McClimans, Christine) |
| Filing 17 WAIVER OF SERVICE Returned Executed. Sergeant Mahaland waiver sent on 4/22/2026, answer due 6/22/2026. (mado) |
| Filing 16 REQUESTS FOR WAIVER of Service sent to Defendants Mahaland and Wentz on 4/22/2026. Waivers of Service due by 5/22/2026. (mado) |
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Filing 15
Order for Service of Process upon Sergeant Mahaland and Sergeant Wentz, DENYING as moot #4 MOTION for Service of Process at Government Expense filed by Ulises Almaraz. Count 1 shall proceed against Mahaland and Wentz. The claims against Ashbrook and John Doe #'s 1-5 are DISMISSED without prejudice. Signed by Judge Nancy J. Rosenstengel on 4/21/2026. (anp)
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| Filing 14 Initial Prisoner Filing Fee: $ 115.87 received, receipt number 21642 (clw) |
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Filing 13
ORDER GRANTING Plaintiff's motion for leave to proceed in forma pauperis ("IFP") (Doc. 10). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $115.87. 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 Nancy J. Rosenstengel on 2/9/2026. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 Prisoner Trust Fund Account Statement. (mado) |
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Filing 11
ORDER: Plaintiff filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (Doc. 10) 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 July 6, 2025, thru January 6, 2026, no later than March 2, 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 Nancy J. Rosenstengel on 1/16/2026. (mado)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis by Ulises Almaraz. (kare) |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
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Filing 8
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 January 21, 2026. Plaintiff's 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 Nancy J. Rosenstengel on 1/7/2026. (mado)
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Filing 7
ORDER denying #3 Motion for TRO and Preliminary Injunction. Plaintiff's motion merely states the legal standard for issuance of a preliminary injunction and then requests to be placed in a single-man cell. Planned Parenthood v. Commissioner of Indiana State Dep't Health, 699 F.3d 962, 972 (7th Cir. 2012). Although his Complaint (Doc. 1) refers to a past assault that occurred as a result of being double-celled, neither his Complaint nor his motion indicate his current placement status or conditions of his cell. Plaintiff fails to demonstrate that he is entitled to injunctive relief at this time. Signed by Judge Nancy J. Rosenstengel on 1/7/2026. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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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 26-0008-NJR. 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 Nancy J. Rosenstengel on 1/6/2026. (kare)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. 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 1/6/2026. Consent due by 1/27/2026 (kare) |
| Filing 4 MOTION for Service of Process by United States Marshal by Ulises Almaraz. (kare) |
| Filing 3 MOTION for Temporary Restraining Order by Ulises Almaraz. (kare) |
| Filing 2 STRICKEN Per ORDER 8 - MOTION for Leave to Proceed in forma pauperis by Ulises Almaraz. (kare) Modified on 1/8/2026 (kare). |
| Filing 1 COMPLAINT against All Defendants, filed by Ulises Almaraz.(kare) |
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