MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the plaintiff's motion for leave to proceed in forma pauperis (Doc. 2). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious. 28 U.S.C. 1915(e)(2)(B)(i). The test for determining if...
JUDGMENT J. PHIL GILBERT , District Judge . The Court having been advised by counsel for the parties that the above action has been settled; IT IS HEREBY ORDERED AND ADJUDGED that this case is dismissed with prejudice and without costs.
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the response of defendants Peter Panther, Jr., and Swift Transportation Co. of Arizona, LLC ("Swift") to the Court's December 9, 2019, order to show cause (Doc. 38). The Court ordered Panther and Swift to show cause why the Court should not find complete diversity no longer exists in light of the shared citizenship of plaintiff Vivian Williams and defendant Natalie Whitlow and why the Court...
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the plaintiff's motion to vacate the default judgment (Doc. 17) entered December 10, 2019 (Doc. 18). Although the plaintiff sought default judgment for a sum certain, it appears from the motion to vacate that it actually sought only an order for an accounting at this time, which it claims is necessary to determine the full amount due and owing to be reflected in the final judgment. Because the...
JUDGMENT J. PHIL GILBERT , District Judge . The Court having been advised by counsel for the parties that the above action has been settled; IT IS HEREBY ORDERED AND ADJUDGED that this case is dismissed with prejudice and without costs.
JUDGMENT J. PHIL GILBERT , District Judge . This matter having come before the Court, the issues having been heard, and the Court having rendered a decision, IT IS HEREBY ORDERED AND ADJUDGED that the following claims are dismissed with prejudice: • Count 1, a First Amendment retaliation claim against defendant R. Morris for terminating plaintiff Tony Terrell Robinson from his job in response to his complaints about a change in the law library hours; • Count 3, a First Amendment...
MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL , Chief District Judge . Plaintiff Robert Chencinski has filed a Motion Requesting an Eye Specialist to be Present at the Preliminary Injunction Hearing (Doc. 48) and a Motion for Limited Counsel. For the following reasons both motions are denied. In his Motion Requesting Eye Specialist, Chencinski asks the Court to recruit an ophthalmologist to testify regarding his eye condition, blepharospasm, and to present medical evidence on his behalf. He...
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 66) of Magistrate Judge Reona J. Daly recommending that the Court grant the motion to dismiss or, in the alternative, for summary judgment filed by the defendant United States of America (Doc. 47); grant the motion to dismiss filed by defendants R. Morris, Lt. Smith, and T.G. Werlich (Doc. 50); and, alternatively, grant the motion for summary...
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the plaintiff's motion for leave to proceed in forma pauperis (Doc. 3). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious. 28 U.S.C. 1915(e)(2)(B)(i). The test for determining if...
MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . Petitioner Christopher Whittle is incarcerated at the United States Penitentiary in Marion, Illinois ("Marion"). He filed this habeas corpus action pursuant to 28 U.S.C. 2241 in May 2019 to challenge the calculation of his 72-month sentence for drug possession imposed in United States v. Whittle, No. 15-CR-4016-BCW-1 (W.D. Mo. 2015). (Doc. 1). Whittle claims that he is entitled to 410 days' credit against his federal sentence for...
MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . This matter is before the Court for consideration of Petitioner Cornelius Harrell's Amended Petition for Habeas Corpus Relief (Doc. 14). Harrell originally filed his Petition in the United States District Court for the Southern District of Indiana (Doc. 1). At the time, he was an Indiana state detainee but was incarcerated in the Jefferson County Jail in Mt. Vernon, Illinois. The Southern District of Indiana construed the action as...
MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . This matter is before the Court on Respondent's motion to dismiss Petitioner Deandre Bradley's habeas corpus petition without prejudice because it contains unexhausted claims. (Doc. 16). Bradley, a state prisoner currently incarcerated at Menard Correctional Center, filed a Petition for Writ of Federal Habeas Corpus pursuant to 28 U.S.C. 2254 on May 2, 2019 seeking restoration of 6 months and 25 days of good conduct credits revoked...
MEMORANDUM AND ORDER REONA J. DALY , Magistrate Judge . This matter is before the Court on the Motion for Judgment on the Pleadings (Doc. 27) filed by Defendants Dr. Venerio Santos and Dr. Ralph Johnnie, and the Motion for Judgment on the Pleadings (Doc. 29) filed by Defendant Lisa Krebs. Plaintiff failed to timely respond to the motions. Pursuant to Local Rule 7.1(c), the Court considers Plaintiff's failure to respond an admission of the merits of the motion. For the following reasons,...
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter is before the Court for preliminary review of the Amended Complaint (Doc. 23) filed by Plaintiff Jerry B. Ezebuiroh on December 16, 2019. Plaintiff, a detainee at Marion County Law Enforcement Center, brings this civil rights action pursuant to 42 U.S.C. 1983 to challenge the conditions of his confinement at Marion County Law Enforcement Center. ( Id. at pp. 1-8). Plaintiff seeks money damages and injunctive relief. 1...
ORDER TO SHOW CAUSE NANCY J. ROSENSTENGEL , Chief District Judge . The Court is aware of the pending motion to dismiss that was filed by Defendant Southern Illinois Hospital Services ("SIHS") when this case was proceeding before Judge Michael J. Reagan (Doc. 13). In March 2019, Judge Reagan retired, and this case was transferred to the undersigned. In the course of reviewing the arguments set forth in the pending motion to dismiss, the undersigned has reviewed the jurisdictional...
JUDGMENT J. PHIL GILBERT , District Judge . The Court having been advised by counsel for the parties that the above action has been settled; IT IS HEREBY ORDERED AND ADJUDGED that this case is dismissed with prejudice and without costs.
MEMORANDUM AND ORDER REONA J. DALY , Magistrate Judge . This matter is before the Court on Defendant Jan Greenwood's Motion to Dismiss (Doc. 12). Plaintiff timely filed a response (Doc. 20). Background Plaintiff filed a Complaint against Defendants on March 1, 2018 in the Circuit Court of St. Clair County, Illinois. On June 19, 2019, Plaintiff filed an Amended Complaint against Defendants in the Circuit Court of St. Clair County, Illinois, which was timely removed to federal court....
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter is before the Court for preliminary review of the Amended Complaint (Doc. 25) filed by Plaintiff Jerry B. Ezebuiroh on October 21, 2019. Plaintiff, a detainee at Marion County Law Enforcement Center, brings this action for constitutional deprivations pursuant to 42 U.S.C. 1983. In the Amended Complaint, Plaintiff claims that he was sexually assaulted by a correctional officer on or around June 1, 2019. ( Id. at pp. 1-...
MEMORANDUM AND ORDER TO SHOW CAUSE J. PHIL GILBERT , District Judge . This matter comes before the Court for case management purposes. Information in the notice of removal (Doc. 1) suggests that the plaintiff's true name is not John Doe and that he is attempting to litigate this case anonymously using a pseudonym. Litigating a federal case anonymously is generally not permitted. "Judicial proceedings are supposed to be open . . . in order to enable the proceedings to be monitored by the...
MEMORANDUM & ORDER J. PHIL GILBERT , District Judge . I. INTRODUCTION Before the Court is Plaintiffs John and Tracy Hutchings' Motion to Remand, filed September 23, 2019. (Pls.' Mot. to Remand, ECF No. 21). Defendants Juanita D. Cochran and Frances R. Knight filed responses. (Def. Cochran's Resp. to Pl.'s Mot. to Remand, ECF No. 28; Def. Knight's Resp. to Pl's Mot. to Remand, ECF No. 29). Because the Court has supplemental jurisdiction over Plaintiffs' state-law causes of action by...
