Dace v. Hvarre et al
| Clarence Dace |
| Assistant Warden Hvarre, Dr. Larson and Tate |
| 3:2026cv00764 |
| May 29, 2026 |
| U.S. District Court for the Southern District of Illinois |
| East St. Louis Office |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 1, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 23
ORDER: Defendants' Motion for an Extension (Doc. 22) is GRANTED. Counsel avers that significant medical records were secured and that a substantive response is being prepared to Plaintiff's Motion for Preliminary Injunctive relief, in consultation with medical staff. The Defendants response will promote a consideration of the merits of the issues at hand, so a brief extension is granted. Defendants shall file their response by August 3, 2026. Signed by Judge David W. Dugan on 7/27/2026. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 22 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction by Assistant Warden Hvarre. (Shultz, Robert) |
|
Filing 21
ORDER: Defendants' Motion for an Extension (Doc. 17) seeking a brief extension to respond to the merits of the pending Motion for a Preliminary Injunction is GRANTED. Counsel avers that responsive medical records have been requested and a review of the records is ongoing. A brief extension will allow the parties and court to more thoroughly assess the merits of the dispute. Accordingly, the response to the Motion for a Preliminary Injunction shall be filed by July 20, 2026. Signed by Judge David W. Dugan on 7/13/2026. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 20 ANSWER to #1 Complaint by Dr. Larson.(Bitner, Douglass) |
| Filing 19 NOTICE of Appearance by Edna McLain on behalf of Dr. Larson (McLain, Edna) |
| Filing 18 NOTICE of Appearance by Jorie R. Johnson on behalf of Dr. Larson (Johnson, Jorie) |
| Filing 17 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction by Assistant Warden Hvarre. (Shultz, Robert) |
| Filing 16 NOTICE of Appearance by Douglass R. Bitner on behalf of Dr. Larson (Bitner, Douglass) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Dr. Larson. Dr. Larson waiver sent on 6/9/2026, answer due 8/10/2026. (Bitner, Douglass) |
| Filing 14 NOTICE of Appearance by Robert Brandon Shultz on behalf of Assistant Warden Hvarre (Shultz, Robert) |
| Filing 13 Initial Prisoner Filing Fee: $ 11.62 received, receipt number 23874 (clw) |
| Filing 12 SECOND REQUEST FOR WAIVER of Service sent to Defendant Tate on 6/15/2026. Waiver of Service due by 7/15/2026. (mado) |
| Filing 11 WAIVER OF SERVICE Returned Executed Assistant Warden Hvarre waiver sent on 6/9/2026, answer due 8/10/2026. (mado) |
|
Filing 10
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 6/10/2026. (clw)
|
| Filing 9 MOTION for Prospective Relief by Clarence Dace. (kare) |
| Filing 8 REQUESTS FOR WAIVER of Service sent to Defendants Hvarre, Larson and Tate on 6/9/2026. Waivers of Service due by 7/9/2026. (mado) |
|
Filing 7
Order for Service of Process: Claim 1 may proceed against all defendants, and the Clerk of Court is DIRECTED to serve Defendants Hvarre, Tate, and Dr. Larson consistent with this Order. The Clerk shall enter the standard HIPAA protective order. Warden Hvarre shall have 21 days from the return of an executed waiver of service to file a response to Plaintiff's Motion for a Preliminary Injunction (Doc. 2) as limited by this Order. Signed by Judge David W. Dugan on 6/9/2026. (kgk)
|
|
Filing 6
ORDER GRANTING Plaintiff's motion for leave to proceed in forma pauperis ("IFP") (Doc. 5). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $11.62. 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 Big Muddy River Correctional Center upon entry of this Order. Signed by Judge David W. Dugan on 6/4/2026. (mado)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Clarence Dace. (kare) |
|
Filing 4
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 26-764-DWD. 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 fail to pay the filing fee or submit a 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 David W. Dugan on 5/29/2026. (jaj)
|
| Filing 3 Prisoner Trust Fund Account Statement by Clarence Dace. (jaj) |
| Filing 2 MOTION for Preliminary Injunction by Clarence Dace. (Attachments: #1 Proposed Order to Show Cause for an Preliminary Injunction)(jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Clarence Dace. (Attachments: #1 Proposed Summonses and USM 285 forms)(jaj) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
