U.S. District Courts - Prisoner Case Search

SET/RESET DEADLINES: J L BELCHER ANSWER DUE 7/6/2020; ANTONIO BROWN ANSWER DUE 7/6/2020; S E FLANNERY ANSWER DUE 7/6/2020. (KE, ILCD) (ENTERED: 06/09/2020)

TEXT ORDER ENTERED BY JUDGE COLIN STIRLING BRUCE ON 6/5/2020. PLAINTIFF'S MOTION TO REQUEST COUNSEL #20 IS DENIED. THE COURT DOES NOT POSSESS THE AUTHORITY TO REQUIRE AN ATTORNEY TO ACCEPT PRO BON 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, AND HE HAS FILED COGENT PLEADINGS WITH THE COURT. PLAINTIFF APPEARS CAPABLE OF WRITING AND READING ENGLISH, AND HE HAS COMPLETED SOME COLLEGE COURSE WORK. FURTHERMORE, PLAINTIFF'S CLAIM IS NOT SO NOVEL OR COMPLEX THAT HE CANNOT LITIGATE THEM 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: 06/05/2020)

(#12) MOTION FOR RECONSIDERATION TO DISMISS COMPLAINT WITHOUT PREJUDICE BY A JUDGE PANEL RE #11 - BY PLAINTIFF LONNELL REGINALD WIDEMAN. (ATTACHMENTS: #1 MAILING DOCUMENTATION) (EMT, ) (ENTERED: 06/08/2020)

(#11) ORDER DENYING MOTION FOR RECONSIDERATION RE #10 - SIGNED BY JUDGE LESLIE E. KOBAYASHI ON 5/28/2020. (EMT, )COURT'S CERTIFICATE OF SERVICE - LONNELL REGINALD WIDEMAN SERVED BY FIRST CLASS MAIL TO THE ADDRESS OF RECORD LISTED ON THE NOTICE OF ELECTRONIC FILING (NEF) ON MAY 29, 2020. (ENTERED: 05/29/2020)

(#44) ORDER DENYING #18 MOTION FOR ORDER, #19 MOTION FOR TEMPORARY RESTRAINING ORDER, AND #20 MOTION FOR EMERGENCY TRANSFER. SEE ATTACHED ORDER FOR DETAILS. SIGNED BY JUDGE J. PHIL GILBERT ON 6/4/2020. (JSY) (ENTERED: 06/04/2020)

(#43) SEALED EXHIBITS RE #42 MINUTE ENTRY. (ATTACHMENTS: #1 LABS, #2 MARION COUNTY JAIL MEDICAL RECORDS, #3 MAY 30 EXAM RECORD, #4 EZEBUIROH - MEDICAL RECORDS, #5 NARRATIVE PROGRESS NOTES)(TAG) (ENTERED: 06/03/2020)

(#19) OBJECTIONS TO FINDINGS AND RECOMMENDATIONS #16 BY PLAINTIFF ZURI SANA KABISA YOUNG. (MARRUJO, C) (ENTERED: 06/02/2020)

(#18) CONSENT/DECLINE OF U.S. MAGISTRATE JUDGE JURISDICTION. PURSUANT TO FED. R. CIV. P. 73(B)(1), THIS DOCUMENT IS RESTRICTED TO ATTORNEYS AND COURT STAFF ONLY. JUDGES DO NOT HAVE ACCESS TO VIEW THIS DOCUMENT AND WILL BE INFORMED OF A PARTY'S RESPONSE ONLY IF ALL PARTIES HAVE CONSENTED TO THE REFERRAL. (RIVERA, O) (ENTERED: 04/27/2020)

(#13) MOTION FOR RECONSIDERATION RE #7 MERIT REVIEW OPINION BY PLAINTIFF DURWYN TALLEY. RESPONSES DUE BY 6/25/2020 (SKR, ILCD) (ENTERED: 06/11/2020)

(#12) ORDER ENTERED BY JUDGE COLIN STIRLING BRUCE ON 6/8/2020. IT IS, THEREFORE, ORDERED: 1. PLAINTIFF'S MOTION TO RECONSIDER #8 IS DENIED. 2. THE COURT WILL, AGAIN, GIVE PLAINTIFF LEAVE TO FILE A PROPOSED AMENDED COMPLAINT THAT COMPLIES WITH THE DICTATES OF THIS ORDER AND THE COURTS MERIT REVIEW ORDER. PLAINTIFF SHOULD FILE HIS PROPOSED AMENDED COMPLAINT WITHIN TWENTY-ONE (21) DAYS FROM THE DATE OF THIS ORDER. IF PLAINTIFF FAILS TO DO SO, THE COURT WILL DISMISS THIS CASE. SEE FULL WRITTEN ORDER.(SAG, ILCD) (ENTERED: 06/08/2020)

(#14) MAIL RETURNED AS UNDELIVERABLE. MAIL SENT TO AZIZI ANSARI. REASON FOR RETURN: NOT AT FCI FORT DIX. DOCUMENT NUMBER 12. (MYE) (ENTERED: 05/13/2020)

(#13) ORDERED THAT PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS (DOC. [8-1]) IS DENIED. WITHIN 30 DAYS OF THE DATE THIS ORDER IS FILED, PLAINTIFF MUST EITHER PAY THE $350.00 FILING FEE AND $50.00 ADMINISTRATIVE FEE OR FILE A COMPLETE APPLICATION TO PROCEED IN FORMA PAUPERIS AND A CERTIFIED SIX-MONTH TRUST ACCOUNT STATEMENT. IF PLAINTIFF FAILS TO EITHER PAY THE $350.00 FILING FEE AND $50.00 ADMINISTRATIVE FEE OR FILE A COMPLETE APPLICATION TO PROCEED IN FORMA PAUPERIS WITHIN 30 DAYS, THE CLERK OF COURT MUST ENTER A JUDGMENT OF DISMISSAL OF THIS ACTION WITHOUT PREJUDICE AND WITHOUT FURTHER NOTICE TO PLAINTIFF AND DENY ANY PENDING UNRELATED MOTIONS AS MOOT. THE AMENDED COMPLAINT (DOC. 8) IS DISMISSED FOR FAILURE TO FILE ON A COURT APPROVED FORM. PLAINTIFF HAS 30 DAYS FROM THE DATE THIS ORDER IS FILED TO FILE A SECOND AMENDED COMPLAINT IN COMPLIANCE WITH THIS ORDER. IF PLAINTIFF FAILS TO FILE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS, THE CLERK OF COURT MUST, WITHOUT FURTHER NOTICE, ENTER A JUDGMENT OF DISMISSAL OF THIS ACTION WITHOUT PREJUDICE AND DENY ANY PENDING UNRELATED MOTIONS AS MOOT. SIGNED BY JUDGE ROSEMARY MARQUEZ ON 04/24/20. (MYE) (ENTERED: 04/27/2020)

(#29) ACKNOWLEDGMENT FROM VERMONT SUPERIOR COURT, CIVIL DIVISION, WASHINGTON UNIT CASE FILE ON REMAND RECEIVED 5/13/2020. (LAW) (ENTERED: 05/15/2020)

(#28) LETTER REMANDING CASE TO VERMONT SUPERIOR COURT, CIVIL DIVISION, WASHINGTON UNIT. (LAW) (ENTERED: 05/08/2020)

(#139) ORDER FROM U.S. COURT OF APPEALS - SIXTH CIRCUIT RE #95 NOTICE OF APPEAL, FILED BY OAKLAND COUNTY, MICHIGAN [APPEAL CASE NUMBER 20-1469] (SKRA) (ENTERED: 06/12/2020)

TEXT-ONLY NOTICE: TELEPHONIC STATUS CONFERENCE ON 6/12/2020 IS CANCELLED (RLOU) (ENTERED: 06/11/2020)

(#75) FOURTH NOTICE OF SUPPLEMENTAL AUTHORITIES RE #21 MOTION TO DISMISS FOR LACK OF JURISDICTION AND FOR FAILURE TO STATE A CLAIM, #39 SECOND MOTION TO DISMISS FOR LACK OF JURISDICTION , #9 EMERGENCY MOTION FOR PRELIMINARY INJUNCTION EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER (ATTACHMENTS: #1 EXHIBIT A, #2 EXHIBIT B, #3 EXHIBIT C, #4 EXHIBIT D, #5 EXHIBIT E, #6 EXHIBIT F)(WEIDA, JASON) (ENTERED: 06/12/2020)

(#74) STATUS REPORT BY ANTONE MONIZ. (WEIDA, JASON) (ENTERED: 06/02/2020)

(#30) CLERK'S NOTICE ADVANCING 8/20/2020 STATUS CONFERENCE TO 6/25/2020 AT 10:30AM: STATUS CONFERENCE FOR 8/20/2020 IS ADVANCED TO 6/25/2020 10:30 AM IN SAN FRANCISCO, CHAMBERS BEFORE JUDGE EDWARD M. CHEN. JOINT STATUS REPORT DUE BY 6/18/2020. IN THE JOINT STATUS CONFERENCE STATEMENT, THE PARTIES SHALL ADDRESS THE IMPACT OF JUDGE CHHABRIA'S BAIL ORDER NO. 20 IN THE ZEPEDA RIVAS CASE (NO. C-20-2731 VC) ON THE INSTANT CASE. (THIS IS A TEXT-ONLY ENTRY GENERATED BY THE COURT. THERE IS NO DOCUMENT ASSOCIATED WITH THIS ENTRY.) (AFMS, COURT STAFF) (FILED ON 6/1/2020) (ENTERED: 06/01/2020)

REMARK: COPIES OF ORDER #29 AMENDED PETITION #12 AND MOTION #13 EMAILED TO ATTORNEYS MARTIN SCHENKER,AMALIA WILLE,ANGELICA SALCEDA, BREE ANN BERNWANGER, AND FRANCISCO UGARTE (MSRS, COURT STAFF) (FILED ON 5/19/2020) (ENTERED: 05/19/2020)

(#28) CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: THE PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2241 FILED BY PETITIONERS JOSE HERNANDEZ HERNANDEZ AND ELSY VERONICA DEL CID QUIJADA IS DISMISSED. JUDGMENT IS ENTERED IN FAVOR OF RESPONDENTS AND AGAINST PETITIONERS.(ALL NON-REGISTERED USERS SERVED VIA U.S. MAIL SERVICE)(AG) (RMC). (ENTERED: 06/02/2020)

(#27) ORDER: THE EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER FILED BY PETITIONERS JOSE HERNANDEZ HERNANDEZ AND ELSY VERONICA DEL CID QUIJADA (ECF NO. #8 ) IS DENIED. THE MOTION TO FILE DOCUMENTS UNDER SEAL FILED BY RESPONDENTS (ECF NO. #17 ) IS GRANTED. THE PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2241 FILED BY PETITIONERS JOSE HERNANDEZ HERNANDEZ AND ELSY VERONICA DEL CID QUIJADA (ECF NO. #1 ) IS DISMISSED. SIGNED BY JUDGE WILLIAM Q. HAYES ON 6/1/2020. (AG) (RMC). (ENTERED: 06/02/2020)

(#30) ORDER BY CHIEF DISTRICT JUDGE WILLIAM P. JOHNSON SETTING BRIEFING SCHEDULE. (MAG) (ENTERED: 06/01/2020)

(#29) JOINT RESPONSE RE #28 ORDER FILED BY RANDO BETANCOURT BARCO, MICHEL FUENTES LUIS, LUIS ALFONSO MEJIA VELASQUEZ. (MARTINEZ SANCHEZ, MARIA) (ENTERED: 05/18/2020)

(#38) MINUTE ENTRY FOR TELEPHONE CONFERENCE HELD BEFORE HONORABLE BERLE M. SCHILLER ON 6/18/2020. (JP, ) (ENTERED: 06/18/2020)

(#37) MINUTE ENTRY FOR TELEPHONE CONFERENCE HELD BEFORE HONORABLE BERLE M. SCHILLER ON 6/11/20. (JP, ) (ENTERED: 06/15/2020)

(#9) MAIL RETURNED UNDELIVERABLE AS TO GEORGE KENDALL RE #1 CLASS ACTION COMPLAINT, #2 NOTICE OF DOCKET CORRECTION RE #1 CLASS ACTION COMPLAINT. (FJG) (ENTERED: 05/04/2020)

(#8) TEMPORARY RESTRAINING ORDER PROVISIONALLY DENYING 22 PLAINTIFFS' SUPPLEMENTAL MOTION FOR TEMPORARY RESTRAINING ORDER; KEEPING UNDER ADVISEMENT #2 PLAINTIFFS' EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION; AND DIRECTING THE CLERK TO TERMINATE MR. CHADICK AS A DEFENDANT IN THIS ACTION. (DOCKETED IN 4:20-CV-00434 AND ALL MEMBER CASES; EXHIBIT A ADDED ON 5/6 IN LEAD CASE AND ALL MEMBER CASES). SIGNED BY JUDGE KRISTINE G. BAKER ON 5/4/2020. (JBH) (ENTERED: 05/04/2020)

(#39) LETTER TO CHIEF JUDGE STARK FROM EVONCA SAKINAH ALIAHMED REGARDING SUPPLEMENTAL CASE LAW. (LAK) (ENTERED: 06/17/2020)

(#38) LETTER TO THE HONORABLE CHIEF JUDGE LEONARD P. STARK FROM DEPUTY ATTORNEY GENERAL GEORGE LEES, III REGARDING MEDICAL RECORDS. (ATTACHMENTS: #1 EXHIBIT A)(LEES, GEORGE) (ENTERED: 06/16/2020)

(#23) USCA CASE NUMBER 20-1222 FOR #21 NOTICE OF APPEAL, FILED BY GREGORY CARL WIND, JR.. (EVANA, ) (ENTERED: 06/16/2020)

(#22) LETTER TRANSMITTING MISDIRECTED NOTICE OF APPEAL TO ALL COUNSEL ADVISING OF THE TRANSMITTAL OF THE #21 NOTICE OF APPEAL, FILED BY GREGORY CARL WIND, JR. TO THE U.S. COURT OF APPEALS. (PRO SE, FEE NOT PAID AND 1915 MOTION NOT FILED, IFP STATUS ON APPEAL DENIED IN FINAL ORDER, ORDER ON COA HAS ENTERED) (ATTACHMENTS: #1 DOCKET SHEET, #2 PRELIMINARY RECORD)(EVANA, ) (ENTERED: 06/16/2020)

(#8) MAIL RETURNED UNDELIVERABLE AS TO GEORGE KENDALL RE #1 CLASS ACTION COMPLAINT. (FJG) (ENTERED: 05/04/2020)

(#7) TEMPORARY RESTRAINING ORDER PROVISIONALLY DENYING 22 PLAINTIFFS' SUPPLEMENTAL MOTION FOR TEMPORARY RESTRAINING ORDER; KEEPING UNDER ADVISEMENT #2 PLAINTIFFS' EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION; AND DIRECTING THE CLERK TO TERMINATE MR. CHADICK AS A DEFENDANT IN THIS ACTION. (DOCKETED IN 4:20-CV-00434 AND ALL MEMBER CASES; EXHIBIT A ADDED ON 5/6 IN LEAD CASE AND ALL MEMBER CASES). SIGNED BY JUDGE KRISTINE G. BAKER ON 5/4/2020. (JBH) (ENTERED: 05/04/2020)

(#19) PRISONER TRUST FUND ACCOUNT STATEMENT RE LUIS NIEVES. (BG) (ENTERED: 06/15/2020)

(#18) CERTIFIED PRISONER TRUST FUND ACCOUNT STATEMENT RE LUIS NIEVES. (BG) MODIFIED ON 6/15/2020 (LP). (ENTERED: 06/12/2020)

(#72) ORDER GRANTING #70 MOTION TO APPEAR PRO HAC VICE AS TO MAGGIE E. FILLER SIGNED BY MAGISTRATE JUDGE PAMELA MEADE SARGENT ON 6/16/20. (FLC)

(#71) ADDITIONAL EVIDENCE RE #70 MOTION FOR MAGGIE E. FILLER TO APPEAR PRO HAC VICE. FILING FEE $ 100, RECEIPT NUMBER 0423-3410369. BY TYQUINE R. LEE (ATTACHMENTS: #1 EXHIBIT ADDITIONAL INFORMATION IN SUPPORT OF DOCKET ENTRY 70)(GRAY, GERALD)

(#8) MAIL RETURNED UNDELIVERABLE AS TO GEORGE KENDALL RE #1 CLASS ACTION COMPLAINT. (FJG) (ENTERED: 05/04/2020)

(#7) TEMPORARY RESTRAINING ORDER PROVISIONALLY DENYING 22 PLAINTIFFS' SUPPLEMENTAL MOTION FOR TEMPORARY RESTRAINING ORDER; KEEPING UNDER ADVISEMENT 2 PLAINTIFFS' EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION; AND DIRECTING THE CLERK TO TERMINATE MR. CHADICK AS A DEFENDANT IN THIS ACTION. (DOCKETED IN 4:20-CV-00434 AND ALL MEMBER CASES; EXHIBIT A ADDED ON 5/6 IN LEAD CASE AND ALL MEMBER CASES). SIGNED BY JUDGE KRISTINE G. BAKER ON 5/4/2020. (JBH) (ENTERED: 05/04/2020)