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Charles Donelson v. Jimmy Watson

September 26, 2012

CHARLES DONELSON, PLAINTIFF,
v.
JIMMY WATSON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Sue E. Myerscough, U.S. District Judge:

E-FILED

Wednesday, 26 September, 2012 12:16:51 PM Clerk, U.S. District Court, ILCD

OPINION

Plaintiff, proceeding pro se and currently incarcerated in Pontiac Correctional Center, pursues claims arising from an incident which occurred at Western Illinois Correctional Center on July 11, 2011 and events subsequent thereto. Several motions are before the Court, addressed in turn below.

IT IS ORDERED:

1) Plaintiff's motion for leave to file an appeal in forma pauperis challenging the denial of his motion for preliminary injunction is denied (d/e 78). The Court has reviewed Plaintiff's reasons for his appeal (d/e 91) and cannot discern a good faith basis for the appeal. The Court is still of the opinion that Plaintiff's allegations are not sufficient to establish a present danger of irreparable harm. Accordingly, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that Plaintiff's petition to appeal in forma pauperis is not in good faith. If Plaintiff wishes to contest this Court's finding, he must renew his petition to proceed in forma pauperis with the Court of Appeals within 30 days after service of this order. See Fed.R.App.P. 24(a). The clerk is directed to send a copy of this order to the Seventh Circuit Court of Appeals.

2) Plaintiff's motion for an extension of time to file his brief in support of his appeal is denied as unnecessary (d/e 95). Plaintiff's brief is already on file (d/e 91).

3) Plaintiff's motion for leave to file a motion to preserve evidence is granted (d/e 85). The clerk is directed to separately docket the motion to preserve evidence which is now attached to docket entry 85. Defendants are directed to respond to the motion to preserve evidence by October 12, 2012. Plaintiff is advised that he does not need to ask leave to file motions.

4) Plaintiff's request for a transcript is denied (de 87) to the extent he seeks a transcript free of charge.

5) Plaintiff's motion for entry of default against Defendants Davis, Jackson, and Steele is denied (d/e 88).

6) Defendants' motion to extend their time to answer Plaintiff's discovery requests is granted (d/e 130). The deadline is extended to October 5, 2012. Defendants' prior motion for an extension is denied as moot (d/e 89).

7) Defendant Steele's motion for a protective HIPAA order is granted (d/e 97). The clerk is directed to enter the Court's standard HIPAA order.

8) Defendant Jackson's motion for an extension to file an Answer is granted (d/e 102). Defendant Jackson's Answer is already on file (d/e 118).

9) Plaintiff's motion for a status report is denied (d/e 103) because the Court does not understand the relief Plaintiff seeks. However, the clerk is directed to send Plaintiff a copy of ...


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