This case was last updated from U.S. District Courts on 03/29/2021 at 07:39:28 (UTC).

Rivers v. Braun et al

Case Summary

On 01/28/2021 Rivers filed a Prisoner - Prison Condition lawsuit against Braun. This case was filed in U.S. District Courts, Illinois Southern District. The Judge overseeing this case is J. Phil Gilbert. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00103

  • Filing Date:

    01/28/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

Judge Details

Presiding Judge

J. Phil Gilbert

 

Party Details

Plaintiff

Dallas Rivers

Alton, IL 62002

Defendants

M. Dambacher

Rachelle Brown

Rachelle Braun

Attorney/Law Firm Details

Defendant Attorneys

Betsy Ann Wirth

Attorney at Quinn Johnston - Peoria

227 N.E. Jefferson Avenue

Peoria, IL 61602-1211

Peter R. Jennetten

Attorney at Quinn Johnston - Peoria

227 N.E. Jefferson Avenue

Peoria, IL 61602-1211

Heidi L. Eckert

Attorney at Ford Harrison LLP

7777 Bonhomme Avenue, Suite 1710

St. Louis, MO 63105

 

Court Documents

#6

#20

#19

#18

#17

#16

#15

#14

#13

11 #1

TFS from Plaintiff

#11

#9

DOCUMENT UNAVAILABLE

#8

#7

#5

#3

#2

7 More Documents Available

 

Docket Entries

  • 03/18/2021
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  • Docket(#20) WAIVER OF SERVICE Returned Executed by M. Dambacher. M. Dambacher waiver sent on 2/2/2021, answer due 4/5/2021. (Wirth, Betsy) (Entered: 03/18/2021)

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  • 03/18/2021
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  • Docket(#19) DEMAND for Trial by Jury by M. Dambacher. (Wirth, Betsy) (Entered: 03/18/2021)

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  • 03/18/2021
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  • Docket(#18) NOTICE of Appearance by Betsy Ann Wirth on behalf of M. Dambacher (Wirth, Betsy) (Entered: 03/18/2021)

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  • 03/18/2021
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  • Docket(#17) NOTICE of Appearance by Peter R. Jennetten on behalf of M. Dambacher (Jennetten, Peter) (Entered: 03/18/2021)

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  • 03/12/2021
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  • Docket(#16) WAIVER OF SERVICE Returned Executed by Rachelle Braun. (Eckert, Heidi) (Entered: 03/12/2021)

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  • 03/12/2021
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  • Docket(#15) NOTICE of Appearance by Heidi L. Eckert on behalf of Rachelle Braun (Eckert, Heidi) (Entered: 03/12/2021)

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  • 03/11/2021
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  • Docket(#14) SECOND REQUEST FOR WAIVER of Service sent to Dambacher on 3/11/2021. Waiver of Service due by 4/12/2021. (tjk) (Entered: 03/11/2021)

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  • 02/18/2021
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  • Docket(#13) WAIVER OF SERVICE Returned Executed Rachelle Braun waiver sent on 2/2/2021, answer due 4/5/2021. (tjk) (Entered: 02/18/2021)

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  • 02/18/2021
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  • Docket(#12) ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Plaintiff has been without funds for six months, he is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee. Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. 1915(b)(4). 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 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 mail a copy of this Order to the Trust Fund Officer at the Alton Law Enforcement Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 2/18/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/18/2021)

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  • 02/18/2021
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  • Docket(#11) Prisoner Trust Fund Account Statement. (Attachments: #1 TFS from Plaintiff)(jaj) (Entered: 02/18/2021)

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  • 02/04/2021
  • Docket(#10) NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge J. Phil Gilbert. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/04/2021)

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  • 02/04/2021
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  • Docket(#9) CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) (Entered: 02/04/2021)

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  • 02/02/2021
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  • Docket(#8) HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 2/2/2021. (kls3) (Entered: 02/02/2021)

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  • 02/02/2021
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  • Docket(#7) REQUEST FOR WAIVER of Service sent to Braun and Damracher on 2/2/2021. Waiver of Service due by 3/4/2021. (tjk) (Entered: 02/02/2021)

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  • 02/02/2021
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  • Docket(#6) ORDER FOR SERVICE of PROCESS on Defendants BRAUN and DAMBACHER. COUNT 1 survives screening and will proceed against both defendants. Pursuant to Administrative Order No. 244, Defendants need only respond to the issues stated in this Merits Review Order. Because Count 1 arises from the alleged denial of dental care, the Clerk's Office is also DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge J. Phil Gilbert on 2/2/2021. (jsy) (Entered: 02/02/2021)

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  • 01/29/2021
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  • Docket(#5) ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 7/1/2020 to 1/28/2021 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this 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 Alton Law Enforcement Center. (Trust Fund Statement due on or before 3/15/2021). Signed by Judge J. Phil Gilbert on 1/29/2021. (tjk) (Entered: 01/29/2021)

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  • 01/28/2021
  • Docket(#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 21-103-JPG. 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 seven 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 J. Phil Gilbert on 1/28/2021. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/28/2021)

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  • 01/28/2021
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  • Docket(#3) NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, 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 1/28/2021. Consent due by 2/18/2021 (jaj) (Entered: 01/28/2021)

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  • 01/28/2021
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  • Docket(#2) MOTION for Leave to Proceed in forma pauperis by Dallas Rivers. (jaj) (Entered: 01/28/2021)

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  • 01/28/2021
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  • Docket(#1) COMPLAINT against All Defendants filed by Dallas Rivers.(jaj) (Entered: 01/28/2021)

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