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order
Order ~Util - Set/Clear Flags
Fri 01/17 1:48 PM
ORDER re1 Complaint. In the Complaint, Plaintiff alleges that in May 2024, he was subjected to excessive force, issued a false disciplinary ticket, and wrongfully sentenced to 60 days in segregation, where he was mistreated by staff. Even after serving his time, Defendant Hart made threatening comments to Plaintiff such as "snitches get stiches" and threatening to spray Plaintiff with pepper spray on August 29, August 30, September 2, and November 21, 2024. Most recently, he claims that on December 26, 2024 Defendant Bennett "stalked/harassed" him. As part of his requested relief, Plaintiff asks for an "emergency transfer out of Menard C.C." (Doc.1 , p. 31). The Court construes this request as a motion for a temporary restraining order (TRO). Under the Federal Rule of Civil Procedure 65, a court may issue a TRO without notice to the opposing party only if "specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." See Fed. R. Civ. P. 65(b)(1)(A). Although Plaintiff claims that at Menard there is a "system of punitive and retaliatory torture and violence against individuals of color in custody," such as himself, Plaintiff has failed to set forth specific facts showing that immediate relief is necessary. Plaintiff's generalized allegation that on December 26 he was "stalked/harassed" by Defendant Bennett does not sufficiently demonstrate that he currently faces immediate or irreparable harm that is only preventable by a transfer to a different facility. It is too speculative to assume that Plaintiff will be subjected to excessive force again in the future based on his allegation of a single assault against him seven months ago. Accordingly, the motion for a TRO is DENIED. The Court will separately evaluate the Complaint pursuant to 28 U.S.C. 1915A and issue a screening order once preliminary review of this matter is complete. Signed by Judge Stephen P. McGlynn on 1/17/2025. (jrj)
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order
Order
Wed 01/15 2:19 PM
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 25-58-SPM. Within 30 days of the entry of this Order, you are ORDERED to submit the $405.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). 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 fourteen 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 Stephen P. McGlynn on 1/15/2025. (kare)
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