Sullivan v. Donathan et al

Illinois Central District Court
Judge:James E Shadid
Case #: 4:24-cv-04066
Nature of Suit560 Prisoner Petitions - Civil Detainee - Conditions of Confinement
Cause42:1983 Prisoner Civil Rights
Case Filed:Apr 16, 2024

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Docket last updated: 3 hours ago
Monday, November 18, 2024
order Order on Motion to Substitute Attorney Mon 11/18 12:34 PM
TEXT ORDER entered by Judge James E. Shadid on 11/18/2024. Defendant's Motion to Substitute Counsel31 is GRANTED. The Clerk is directed to TERMINATE Assistant Attorney General Jacob Ferguson and to ADD Assistant Attorney General Ariella Campisi as counsel for Defendants Greg Donathan and Cody Waterkotte. (ANW)
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Friday, November 15, 2024
31 31 motion Substitute Attorney Fri 11/15 5:02 PM
MOTION to Substitute Attorney, Jacob Ferguson to be replaced by Ariella Campisi, by Defendants Greg Donathan, Cody Waterkotte. Responses due by 11/29/2024 (Campisi, Ariella)
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Thursday, November 14, 2024
30 30 notice Notice of Appearance of Attorney Thu 11/14 5:46 PM
NOTICE of Appearance of Attorney by Ariella Campisi on behalf of Greg Donathan, Cody Waterkotte (Campisi, Ariella)
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Wednesday, November 13, 2024
29 29 appeal USCA Notice of Docketing ROA Wed 11/13 10:56 AM
NOTICE of Docketing Record on Appeal from USCA re27 Notice of Appeal filed by Anthony Sullivan. USCA Case Number 24-3057 (DW)
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Tuesday, November 12, 2024
28 28 appeal Short Record of Appeal Sent to USCA Tue 11/12 4:09 PM
Short Record of Appeal Sent to US Court of Appeals re27 Notice of Appeal (DW)
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27 27 appeal Notice of Appeal Tue 11/12 4:05 PM
NOTICE OF APPEAL as to26 Merit Review Order by Anthony Sullivan. (DW)
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Wednesday, October 30, 2024
26 26 order ~Util - Add and Terminate Parties ~Util - Set/Reset Deadlines Prisoner Merit Review Opinion Wed 10/30 4:02 PM
MERIT REVIEW ORDER - FOURTH AMENDED COMPLAINT Entered by Judge James E. Shadid on 10/30/24. IT IS THEREFORE ORDERED:1. According to the Court's Merit Review of Plaintiff's Fourth Amended Complaint under 28 U.S.C. § 1915A, this case shall proceed on the First Amendment retaliation claim against Defendants Greg Donathan and Cody Waterkotte for allegedly retaliating against Plaintiff for filing grievances by confiscating his personal television for one year. Additional claims shall not be included in the case above, except in the Court's discretion on motion by a party for good cause shown under Federal Rule of Civil Procedure 15.2. Defendants Jason Chenoweth, Mickenzy Gossage, Michael Kerr, Roberts Downs, Filomeno Frackrell, and John Does are DISMISSED WITHOUT PREJUDICE for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and § 1915A. The dismissal is without prejudice for purposes of allowing Plaintiff to pursue any available relief in the Illinois Court of Claims regarding the property that was allegedly confiscated or damaged during the shakedown on February 1, 2024.3. Defendants Sandra Ham and Erin Posey are DISMISSED WITH PREJUDICE for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and § 1915A.4. Defendants Donathan and Waterkotte returned executed waivers of service of summons on August 27, 2024. (Docs. 20 and 21). No waivers need to be issued.5. Defendants Donathan and Waterkotte are DIRECTED to answer Plaintiff's Fourth Amended Complaint (Doc. 24) within 30 days of this Order. SEE FULL WRITTEN ORDER. (ANW)
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Tuesday, October 01, 2024
25 25 notice Notice of Appearance of Attorney Tue 10/01 2:17 PM
NOTICE of Appearance of Attorney by Jacob Ferguson on behalf of All Defendants (Ferguson, Jacob)
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Wednesday, September 18, 2024
24 24 cmp Amended Complaint Wed 09/18 10:04 AM
THIRD AMENDED COMPLAINT against All Defendants, filed by Anthony Sullivan.(ANW)
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order Order on Motion for Leave to File 1 - Terminate Deadlines and Hearings ~Util - Set/Reset Deadlines Wed 09/18 10:01 AM
TEXT ORDER entered by Judge James E. Shadid on 9/18/2024. Plaintiff's Motion for Leave to File an Amended Complaint23 is GRANTED. The Clerk is hereby directed to file the Fourth Amended Complaint and set the merit review deadline 30 days out. The deadline of 10/21/2024 for Defendants to file an answer to Plaintiff's Third Amended Complaint is VACATED and will be reset when the Court enters a Merit Review Order addressing Plaintiff's Fourth Amended Complaint.(ANW)
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Tuesday, September 17, 2024
23 23 motion Leave to File Document Tue 09/17 3:56 PM
MOTION for Leave to File an Amended Complaint by Plaintiff Anthony Sullivan. Responses due by 10/1/2024.. (SB)
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Att: 1 Exhibit Proposed Amended Complaint
Wednesday, September 11, 2024
order Order on Motion for Leave to File Wed 09/11 9:55 AM
TEXT ORDER entered by Judge James E. Shadid on 9/11/2024. Plaintiff filed a Motion for Leave to File Amended Complaint22 stating that the Court dismissed some of his claims without prejudice in its Merit Review Order, and he would like to file an amended complaint to clarify claims 1, 3, 5, and 6. Under Local Rule 7.1(F), Plaintiff was required to attach his proposed Fourth Amended Complaint as an exhibit to his Motion, but he did not do so.22 is DENIED. (ANW)
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Tuesday, September 10, 2024
22 22 motion Leave to File Document Tue 09/10 10:56 AM
MOTION for Leave to File Amended Complaint by Plaintiff Anthony Sullivan. Responses due by 9/24/2024. (SB)
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Tuesday, August 27, 2024
21 21 service Waiver of Service Executed Tue 08/27 3:29 PM
WAIVER OF SERVICE Returned Executed by Anthony Sullivan. Cody Waterkotte waiver sent on 8/21/2024, answer due 10/21/2024. (SB)
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20 20 service Waiver of Service Executed Tue 08/27 3:22 PM
WAIVER OF SERVICE Returned Executed by Anthony Sullivan. Greg Donathan waiver sent on 8/21/2024, answer due 10/21/2024. (SB)
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Wednesday, August 21, 2024
19 19 service Request for Waiver of Service & Notice of Lawsuit Wed 08/21 12:52 PM
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Donathan and Waterkotte on 8/21/24.(ANW)
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Att: 1 waiver 2
18 18 order HIPAA Order Wed 08/21 12:44 PM
HIPAA QUALIFIED PROTECTIVE ORDER Entered by Judge James E. Shadid on 8/21/24. (ANW)
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17 17 9 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Prisoner Merit Review Opinion ~Util - Add and Terminate Parties Wed 08/21 12:31 PM
MERIT REVIEW ORDER - THIRD AMENDED COMPLAINT Entered by Judge James E. Shadid on 8/21/24. IT IS THEREFORE ORDERED:1.According to the Court's Merit Review of Plaintiff's Third Amended Complaint under 28 U.S.C. § 1915A, this case shall proceed on the First Amendment retaliation claim against Defendants Greg Donathan and Cody Waterkotte for allegedly retaliating against Plaintiff for filing grievances by confiscating his personal television for one year. Additional claims shall not be included in the case above, except in the Court's discretion on motion by a party for good cause shown under Federal Rule of Civil Procedure 15. 2.Plaintiff's Motion for Leave to Proceed in forma pauperis4 is GRANTED.3.Defendants Erin Posey, Sandra Ham, Amanda Reische, Edward Peterman, Storekeeper John Doe, Michael Kerr, Roberts Travis Downs, Filomeno Frackrell, Mickenzy Gossage, Jonathan Angel, Security Therapy Aides John Does, and Jason Chenoweth are DISMISSED WITHOUT PREJUDICE for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and § 1915A. The Clerk is directed to TERMINATE these Defendants. 4.This case is now in the process of service. SEE FULL WRITTEN ORDER. (ANW)
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Tuesday, July 30, 2024
16 16 cmp Amended Complaint Tue 07/30 3:59 PM
THIRD AMENDED COMPLAINT against All Defendants, filed by Anthony Sullivan.(SAG)
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15 15 motion Leave to File Document Tue 07/30 10:44 AM
MOTION for Leave to File Amended Complaint by Plaintiff Anthony Sullivan. Responses due by 8/13/2024. (SB)
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order Order on Motion for Leave to File ~Util - Set/Reset Deadlines 1 - Terminate Deadlines and Hearings Tue 07/30 3:55 PM
TEXT ORDER entered by Judge James E. Shadid on 7/30/2024. On July 10, 2024, the Court permitted Plaintiff to file a Third Amended Complaint within 30 days. Plaintiff has now filed a timely Third Amended Complaint. Plaintiff's Motion for Leave to File Amended Complaint15 is GRANTED. The Clerk is hereby directed to file the Third Amended Complaint and set the merit review deadline 30 days out.(SAG)
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Wednesday, July 10, 2024
14 14 misc Remark Wed 07/10 11:30 AM
Remark: complaint form attached pursuant to 7/10/24 Text Order. (ANW)
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order Order on Motion to Strike ~Util - Set/Reset Deadlines Wed 07/10 11:29 AM
TEXT ORDER entered by Judge James E. Shadid on 7/10/2024. Plaintiff files a Motion to Strike and Join Claims13 stating that he filed an Amended Complaint10 on June 20, 2024, and a Second Amended Complaint12 on June 27, 2024. Plaintiff asks for the complaints to be joined because the claims in both pleadings relate to a shakedown on February 1, 2024. Alternatively, Plaintiff asks the Court to strike his Second Amended Complaint and file it in a separate case. Upon review of the allegations in his Amended Complaint and Second Amended Complaint, the Court agrees that the potential claims arose from a shakedown on February 1, 2024, and are related. However, the Court cannot "join" Plaintiff's Amended Complaint and Second Amended Complaint. See Spreck v. U.S. Veterans Admin., 67 F. App'x 963, 964 (7th Cir. 2003) (court is "not required to incorporate [a plaintiff's] revised caption into an earlier submitted complaint and accept the complaint piecemeal"). Instead, Plaintiff may file a Third Amended Complaint, which includes the allegations from his Amended Complaint and Second Amended Complaint. Plaintiff's Third Amended Complaint MUST include all claims against all parties that Plaintiff intends to pursue related to the February 1, 2024, shakedown. If Plaintiff does not file a Third Amended Complaint on or before August 9, 2024, this matter will be dismissed without prejudice. The Clerk is directed to send Plaintiff a blank Section 1983 complaint form.13 is DENIED.(ANW)
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Tuesday, July 09, 2024
13 13 motion Strike Tue 07/09 3:46 PM
MOTION to Strike and Join Claims by Plaintiff Anthony Sullivan. Responses due by 7/23/2024.(SB)
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Thursday, June 27, 2024
12 12 cmp Amended Complaint Thu 06/27 9:54 AM
AMENDED COMPLAINT against All Defendants, filed by Anthony Sullivan.(ANW)
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order Order on Motion for Leave to File ~Util - Set/Reset Deadlines Thu 06/27 9:51 AM
TEXT ORDER entered by Judge James E. Shadid on 6/27/2024. Plaintiff filed an Amended Complaint10 on June 20, 2024. Prior to it undergoing merit review, he now files a Motion for Leave to File an Amended Complaint11 .11 is GRANTED. The Clerk is hereby directed to file the Second Amended Complaint and set the merit review deadline 30 days out. (ANW)
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Wednesday, June 26, 2024
11 11 motion Leave to File Document Wed 06/26 1:53 PM
MOTION for Leave to File an Amended Complaint by Plaintiff Anthony Sullivan. Responses due by 7/10/2024. (SB)
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Thursday, June 20, 2024
10 10 cmp Amended Complaint Thu 06/20 9:55 AM
AMENDED COMPLAINT against All Defendants, filed by Anthony Sullivan.(ANW)
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order Order on Motion for Leave to File ~Util - Set/Reset Deadlines Thu 06/20 9:47 AM
TEXT ORDER entered by Judge James E. Shadid on 6/20/2024. On May 28, 2024, the Court dismissed Plaintiff's Complaint as a violation of Federal Rule of Civil Procedure 8 and permitted Plaintiff to file an Amended Complaint within 30 days. Plaintiff's Motion for Leave to File Amended Complaint9 is GRANTED. The Clerk is hereby directed to file the Amended Complaint and set the merit review deadline 30 days out.(ANW)
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Tuesday, June 18, 2024
9 9 motion Leave to File Document Tue 06/18 11:32 AM
MOTION for Leave to File an Amended Complaint by Plaintiff Anthony Sullivan. Responses due by 7/2/2024. (SB)
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Tuesday, May 28, 2024
8 8 misc Remark Tue 05/28 3:24 PM
Remark: Complaint form attached pursuant to7 Merit Review Order (SAG)
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7 7 order Prisoner Merit Review Opinion ~Util - Set/Reset Deadlines Order on Motion for Miscellaneous Relief Tue 05/28 3:23 PM
MERIT REVIEW ORDER entered by Judge James E. Shadid on 5/28/2024. IT IS THEREFORE ORDERED: 1) Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE as a violation of Federal Rule of Civil Procedure 8. Plaintiff shall have one opportunity to file an Amended Complaint within 30 days of this Order. Plaintiff's Amended Complaint will replace Plaintiff's Complaint in its entirety. The Amended Complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. If Plaintiff fails to file a timely Amended Complaint, or if the Amended Complaint fails to state a claim for relief, this case will be dismissed with prejudice. 2) Based on the entry of this Merit Review Order, Plaintiff's Motion for Status6 is MOOT. 3) The Clerk is directed to send Plaintiff a blank Section 1983 complaint form. SEE FULL WRITTEN ORDER.(SAG)
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Tuesday, May 14, 2024
6 6 motion Miscellaneous Relief Tue 05/14 2:57 PM
MOTION for Status by Plaintiff Anthony Sullivan. Responses due by 5/28/2024. (BMG)
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Wednesday, April 24, 2024
order Rushville - Insufficient Funds 1 - Terminate Deadlines and Hearings Wed 04/24 8:58 AM
TEXT ORDER: This Court has instituted a reduced payment procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment is assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $405 filing fee). Income includes all deposits from any source. The plaintiff Anthony Sullivan is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. However, the plaintiff's ledgers for the past six months show an average monthly income of $1.00 or less. No reduced filing fee will be assessed. Entered by Judge James E. Shadid on 4/24/2024. (SAG)
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Monday, April 22, 2024
5 5 misc Prisoner Trust Fund Ledger Mon 04/22 3:55 PM
+++ PRISONER TRUST FUND LEDGER by Anthony Sullivan. (SB)
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4 4 motion Proceed In Forma Pauperis Mon 04/22 3:53 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Anthony Sullivan. Responses due by 5/6/2024. (SB)
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Tuesday, April 16, 2024
3 3 misc Remark Tue 04/16 1:48 PM
Remark: Blank IFP attached pursuant to Text Order. (ANW)
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2 2 notice Notice of Case Opening Tue 04/16 1:43 PM
NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. Effective immediately, all documents should be mailed or scanned to the Peoria Division,100 NE Monroe Street, Peoria, IL 61602.Merit Review Deadline set for 5/6/2024.(ANW)
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Att: 1 Notice Regarding Privacy Issues
1 1 cmp Complaint Tue 04/16 1:42 PM
COMPLAINT against All Defendants, filed by Anthony Sullivan.(ANW)
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order Order ~Util - Set/Reset Deadlines Tue 04/16 1:48 PM
TEXT ORDER Entered by Judge James E. Shadid on 4/16/24. Plaintiff has not filed a petition to proceed in forma pauperis nor paid the $405 filing fee. The Clerk is directed to mail to the plaintiff an application to proceed in forma pauperis. Within 30 days, plaintiff must either pay the $405 filing fee or file an application to proceed in forma pauperis, along with account statements for the previous six months, or his complaint will be dismissed without prejudice.(ANW)
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