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This case was last updated from PACER on 05/26/2020 at 08:51:12 (UTC).

Rowland v. McDonough County Sheriff's Department et al

Case Summary

On 03/27/2020 Rowland filed a Prisoner - Prison Condition lawsuit against McDonough County Sheriff's Department. This case was filed in U.S. District Courts, Illinois Central District. The Judge overseeing this case is Colin Stirling Bruce. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:20-CV-04073

  • Filing Date:

    03/27/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

  • Court:

    U.S. District Courts

  • Courthouse:

    Illinois Central District

Judge Details

Presiding Judge

Colin Stirling Bruce

 

Party Details

Plaintiff

Tommy Eugene Rowland

Lewistown, IL 61542

Defendants

McDonough County Sheriff's Department

McDonough County Jail

Mark Neve

Nick Petitgout

 

Court Documents

#14

(#14) WAIVER OF SERVICE Returned Executed by Tommy Eugene Rowland. Mark Neve waiver sent on 4/22/2020, answer due 6/22/2020; Nick Petitgout waiver sent on 4/22/2020, answer due 6/22/2020. (DS, ilcd) (Entered: 05/20/2020)

13 #1

Exhibit

#13

(#13) MOTION to Request Counsel by Plaintiff Tommy Eugene Rowland. Responses due by 5/21/2020. (Attachments: #1 Exhibit)(DS, ilcd) (Entered: 05/07/2020)

11 #1

Waiver Neve

#11

(#11) REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Mark Neve and Nick Petitgout on 4/22/2020. (Attachments: #1 Waiver Neve)(KE, ilcd) (Entered: 04/22/2020)

#9

(#9) MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 4/22/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states a Due Process claim under the Fourteenth Amendment based upon the conditions of his confinement against Defendants Petitgout and Neve. Any additional claims shall not be included in the case, except at the Court's discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to attempt service on Defendants Petitgout and Neve pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss Defendants McDonough County Sheriff's Department and McDonough County Jail because Plaintiff's Complaint fails to state a claim against these Defendants upon which relief can be granted. Fed. R. Civ. Pro. 12(b)(6); 28 U.S.C. Sec 1915A. Plaintiff should pay the initial, partial filing fee of $10.00 that the Court imposed in this case. Plaintiff should pay this fee within thirty (30) days from the date of this Order. If Plaintiff fails to timely pay this fee, the Court will dismiss this case. See written order. (KE, ilcd) (Entered: 04/22/2020)

#8

RESTRICTED

#7

(#7) Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) (Entered: 04/03/2020)

#6

RESTRICTED

#5

(#5) Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) (Entered: 03/30/2020)

#4

(#4) MOTION to Request Counsel by Plaintiff Tommy Eugene Rowland. Responses due by 4/10/2020 (KE, ilcd) (Entered: 03/30/2020)

2 #1

Notice Regarding Privacy Issues

#2

(#2) NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 4/16/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) (Entered: 03/30/2020)

1 #1

Envelope

10 More Documents Available

 

Docket Entries

  • 05/20/2020
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  • Docket(#14) WAIVER OF SERVICE Returned Executed by Tommy Eugene Rowland. Mark Neve waiver sent on 4/22/2020, answer due 6/22/2020; Nick Petitgout waiver sent on 4/22/2020, answer due 6/22/2020. (DS, ilcd) (Entered: 05/20/2020)

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  • 05/08/2020
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  • DocketTEXT ORDER entered by Judge Colin Stirling Bruce on 5/8/2020. Plaintiff's motion to request counsel #13 is DENIED. The Court does not possess the authority to require an attorney to accept pro bono appointments on civil cases such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). The most that the Court can do is to ask for volunteer counsel. Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992)(holding that it is a "fundamental premise that indigent civil litigants have no constitutional or statutory right to be represented by counsel in federal court."). In determining whether the Court should attempt to find an attorney to voluntarily take a case, "the question is whether the difficulty of the case-factually and legally-exceeds the particular plaintiff's capacity as a layperson to coherently present it to the judge or jury himself.... The question is whether the plaintiff appears competent to litigate his own claims, given their degree of difficulty, and this includes the tasks that normally attend litigation: evidence gathering, preparing and responding to motions and other court filings, and trial." Pruitt, 503 F.3d at 655 (emphasis in original). In other words, this inquiry is an individualized one based upon the record as a whole, the nature of the claims, and the plaintiff's ability to pursue his claims through all phases of the case, including discovery and trial. Navejar v. Iyioloa, 718 F.3d 692, 696 (7th Cir. 2013). As the Seventh Circuit has acknowledged, "[a]lmost everyone would benefit from having a lawyer, but there are too many indigent litigants and too few lawyers willing and able to volunteer for these cases. DeWitt v. Corizon, Inc., 760 F.3d 654, 657 (7th Cir. 2014)(internal quotation omitted). Although the Seventh Circuit has held that appointment of counsel should occur in cases in which counsel would have made a difference in the outcome of the litigation (Santiago v. Walls, 599 F.3d 749, 465 (7th Cir. 2010)), the Seventh Circuit has also held that the test for appointment of counsel is not whether a lawyer could more effectively handle the case. Pruitt, 503 F.3d at 655. The test is whether the litigant is competent to litigate his own claims. Id. In the instant case, Plaintiff's claim has survived a merit review; he has filed cogent pleadings with the Court; and he appears capable of writing and reading English. Furthermore, Plaintiff's claim is not so novel or complex that he cannot litigate it himself. Plaintiff has personal knowledge of the facts supporting his claim and appears capable of cross-examining Defendants regarding their version of the events. Johnson v. Doughty, 433 F.3d 1001, 1006 (7th Cir. 2006). Plaintiff appears competent to litigate this case himself at this point in the litigation, and therefore, the Court denies his motion for counsel. (KE, ilcd) (Entered: 05/08/2020)

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  • 05/06/2020
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  • Docket(#13) MOTION to Request Counsel by Plaintiff Tommy Eugene Rowland. Responses due by 5/21/2020. (Attachments: #1 Exhibit)(DS, ilcd) (Entered: 05/07/2020)

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  • 05/06/2020
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  • DocketTEXT ORDER entered by Judge Colin Stirling Bruce on 5/6/2020. Plaintiff's motion for leave to file amended complaint #12 is DENIED. Initially, the Court notes that it cannot provide legal advice to litigants who appear before it. That being said, the Court recognizes that Plaintiff is proceeding pro se in this case and, therefore, informs him as follows. The Court does not accept piecemeal amendments to pleadings. If Plaintiff desires to amend his Complaint to add a Defendant, to add a claim, or to substitute a Defendant, he should file a motion seeking leave to do so in which he identifies the changes that he desires to make in his Complaint. In addition, Plaintiff should attach a complete, proposed amended complaint that, if granted leave to file, will completely replace his original Complaint and will stand on its own without reference to or reliance upon his Original Complaint. Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). The proposed Amended Complaint should explain what any and all Defendants did or did not do, including the proposed new Defendant(s), and why their actions or inactions violated Plaintiff's constitutional rights. Finally, the claims asserted in Plaintiff's proposed amended complaint must be related to one another. Fed. R. Civ. Pro. 18-20; George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)(instructing district courts to limit suits to only related claims against the same defendants). If Plaintiff desires to assert unrelated claims against unrelated Defendants, he must do so in a separately filed suit for which there will be an additional filing fee if he files that new case(s). (KE, ilcd) (Entered: 05/06/2020)

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  • 05/05/2020
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  • Docket(#12) MOTION for Leave to File Amended Complaint by Plaintiff Tommy Eugene Rowland. Responses due by 5/19/2020. (DS, ilcd) (Entered: 05/05/2020)

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  • 04/22/2020
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  • Docket(#11) REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Mark Neve and Nick Petitgout on 4/22/2020. (Attachments: #1 Waiver Neve)(KE, ilcd) (Entered: 04/22/2020)

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  • 04/22/2020
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  • Docket(#10) HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 4/22/2020. See written order. (KE, ilcd) (Entered: 04/22/2020)

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  • 04/22/2020
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  • Docket(#9) MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 4/22/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states a Due Process claim under the Fourteenth Amendment based upon the conditions of his confinement against Defendants Petitgout and Neve. Any additional claims shall not be included in the case, except at the Court's discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to attempt service on Defendants Petitgout and Neve pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss Defendants McDonough County Sheriff's Department and McDonough County Jail because Plaintiff's Complaint fails to state a claim against these Defendants upon which relief can be granted. Fed. R. Civ. Pro. 12(b)(6); 28 U.S.C. Sec 1915A. Plaintiff should pay the initial, partial filing fee of $10.00 that the Court imposed in this case. Plaintiff should pay this fee within thirty (30) days from the date of this Order. If Plaintiff fails to timely pay this fee, the Court will dismiss this case. See written order. (KE, ilcd) (Entered: 04/22/2020)

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  • 04/06/2020
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  • DocketTEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 4/6/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $10.00. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month`s income credited to Plaintiff`s account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff`s account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff`s place of confinement, to the attention of the Trust Fund Office. (KE, ilcd) (Entered: 04/06/2020)

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  • 04/06/2020
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  • Docket(#8) +++ PRISONER TRUST FUND LEDGER by Tommy Eugene Rowland. (KE, ilcd) (Entered: 04/06/2020)

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  • 04/03/2020
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  • Docket(#7) Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) (Entered: 04/03/2020)

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  • 04/03/2020
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  • Docket(#6) +++ PRISONER TRUST FUND LEDGER From Fulton County Jail by Tommy Eugene Rowland (KE, ilcd) (Entered: 04/03/2020)

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  • 03/31/2020
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  • DocketTEXT ORDER entered by Judge Colin Stirling Bruce on 3/31/2020. Plaintiff's motion to request counsel #4 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review that the Court will conduct in the near future. (KE, ilcd) (Entered: 03/31/2020)

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  • 03/30/2020
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  • Docket(#5) Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) (Entered: 03/30/2020)

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  • 03/27/2020
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  • Docket(#4) MOTION to Request Counsel by Plaintiff Tommy Eugene Rowland. Responses due by 4/10/2020 (KE, ilcd) (Entered: 03/30/2020)

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  • 03/27/2020
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  • Docket(#3) PETITION TO PROCEED IN FORMA PAUPERIS, filed by Tommy Eugene Rowland.(KE, ilcd) (Entered: 03/30/2020)

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  • 03/27/2020
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  • Docket(#2) NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 4/16/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) (Entered: 03/30/2020)

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  • 03/27/2020
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  • Docket(#1) COMPLAINT against All Defendants, filed by Tommy Eugene Rowland. (Attachments: #1 Envelope)(KE, ilcd) (Entered: 03/30/2020)

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