Case: Decker v. Federal Bureau of Prisons

U.S. Court of Appeals for the Seventh Circuit

Decker v. Garland

No Court

MOTION for Leave to Proceed in forma pauperis by Robert K. Decker. (jaj) (Entered: 02/22/2019)

NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-233-JPG. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven 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 J. Phil Gilbert on 2/22/2019. (jaj) (Entered: 02/22/2019)

COMPLAINT against Federal Bureau of Prisons filed by Robert K. Decker.(jaj) (Entered: 02/25/2019)

ORDER: Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis ("IFP") in this case (see Doc. 1 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 8/1/2018 to 2/22/2019 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Marion United States Penitentiary. (Trust Fund Statement due on or before 4/15/2019). Signed by Judge J. Phil Gilbert on 2/27/2019. (tjk) (Entered: 02/27/2019)

NOTICE of Change of Address by Robert K. Decker. (jsm2) (Entered: 03/11/2019)

Prisoner Trust Fund Account Statement from USP Marion. (jaj) (Entered: 03/28/2019)

ORDER Directing Monthly Payments be made from Prison Account of Decker, granting 1 MOTION for Leave to Proceed in forma pauperis filed by Robert K. Decker. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff's signed consent form, the Clerk shall mail a copy of this Memorandum and Order and an executed copy of the consent form to the Warden at Metropolitan Correctional Center, as well as e-mail a copy of this Memorandum and Order and an executed copy of the consent form to the Trust Fund Management Staff at Metropolitan Correctional Center. Signed by Judge J. Phil Gilbert on 3/29/2019. (tjk) (Entered: 03/29/2019)

NOTICE of Change of Address by Robert K. Decker. (jaj) (Entered: 04/01/2019)

CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) (Entered: 04/01/2019)

Consent Form - IFP Proceedings by Robert K. Decker. (kdb) (Entered: 04/15/2019)

MOTION for Leave to Amend 3 Complaint by Robert K. Decker. Proposed Amended Complaint received and under review. (jaj) (Entered: 04/22/2019)

MOTION to Change Venue by Robert K. Decker. (jaj) (Entered: 04/22/2019)

NOTICE of Change of Address by Robert K. Decker to Terre Haute. (jaj) (Entered: 06/17/2019)

BP-11 - Exhaustion of Administrative Remedies by Robert K. Decker re 3 Complaint (jaj) (Entered: 07/15/2019)

EXHIBIT by Robert K. Decker. Exhibit to 3 Complaint. (jsm2) (Entered: 09/18/2019)

MOTION for status by Robert K. Decker. (jaj) (Entered: 09/23/2019)

MOTION for Leave to Amend 3 Complaint by Robert K. Decker. Proposed Amended Complaint received and under review.(jaj) (Entered: 10/02/2019)

THIRD MOTION for leave to Amend 3 Complaint by Robert K. Decker. Proposed Amended Complaint, with Memo of Law, received and under review. (jaj) (Entered: 10/15/2019)

MOTION for Order to have the FCI stop taking payments out of his trust fund account by Robert K. Decker. (jaj) (Entered: 11/01/2019)

Filing fee paid in full in the amount of $350.00. (jaj)

Payment History re Filing Fee Received. (jaj) (Entered: 11/01/2019)

ORDER: Pursuant to Administrative Order 257, this case has not been selected for potential reassignment to a Magistrate Judge. Accordingly, this case will REMAIN with Judge J. Phil Gilbert. Should the parties elect to consent to have a Magistrate Judge conduct all proceedings in this matter, the Notice and Consent to Proceed Before a Magistrate Judge form shall be filed within 14 days of this Order or before the deadline for filing dispositive motions, whichever is later. Consents filed after this deadline may not be accepted by the District Judge. Signed by Judge J. Phil Gilbert on 11/25/2019. (Attachments: # 1 Administrative Order)(rah) (Entered: 11/25/2019)

CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) (Entered: 12/11/2019)

Order GRANTING Plaintiff's Motion for Order to Have the FCI Stop Taking Payments (Doc. 19 ). As of September 30, 2019, Plaintiff has paid the $350.00 filing fee in full. No further payments are to be made toward the $350.00 filing fee in this case. The Clerk is DIRECTED to send a copy of this Order and Plaintiff's payment history to the Trust Fund Officer and the Warden at Terre Haute Federal Correctional Institution. Signed by Judge J. Phil Gilbert on 12/16/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/16/2019)

ORDER: The 3 Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted, and Plaintiff's 11 17 18 Motions for Leave to Amend Complaint are DENIED. Plaintiff is GRANTED leave to file an Amended Complaint on or before January 13, 2020. Failure to do so shall result in dismissal of this action with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. FED. R. CIV. P. 41(b). The 12 Motion for Change of Venue is DENIED without prejudice, and the 16 Motion for Status is DISMISSED as being MOOT. Signed by Judge J. Phil Gilbert on 12/16/2019. (jsy)

AMENDED COMPLAINT against William Barr, Kathaleen Hawk-Sawyer, J. E. Krueger, Warden True, B. Lammer, Katherine Sireveld filed by Robert K. Decker. (Attachments: # 1 Memorandum of Law in Support)(jaj) (Entered: 01/10/2020)

VACATED (per Mandate at Doc 44) - ORDER DISMISSING CASE. The 25 Fourth Amended Complaint and Count 1, are DISMISSED with prejudice as being frivolous and meritless. Plaintiff is ADVISED that this dismissal shall count as one of his allotted "strikes" under the provisions of 28 U.S.C. 1915(g). Signed by Judge J. Phil Gilbert on 4/23/2020. (jsy) Modified on 5/21/2021 (kek). (Entered: 04/23/2020)

VACATED (per Mandate at Doc 44) - CLERK'S JUDGMENT in favor of B. Lammer, J. E. Krueger, Kathaleen Hawk-Sawyer, Katherine Sireveld, Warden True against Robert K. Decker. Approved by Judge J. Phil Gilbert on 4/23/2020. (tjk) Modified on 5/21/2021 (kek). (Entered: 04/24/2020)

NOTICE OF APPEAL as to 27 Clerk's Judgment by Robert K. Decker. (amv) (Additional attachment(s) added on 5/28/2020: # 1 Letter) (amv). (Entered: 05/28/2020)

MOTION for Leave to Appeal in forma pauperis by Robert K. Decker. (amv) (Entered: 05/28/2020)

Transmission of Short Record to US Court of Appeals re 28 Notice of Appeal (kek) (Entered: 05/28/2020)

Rule 10 Letter (kek) (Entered: 05/28/2020)

NOTICE OF MODIFICATION re 28 Notice of Appeal filed by Robert K. Decker. Cover letter added to Notice of Appeal entry. No further action is required by the filer in relation to this notification. (amv) (Entered: 05/28/2020)

USCA Case Number 20-1890 for 28 Notice of Appeal filed by Robert K. Decker. (Attachments: # 1 Notice of Case Opening, # 2 PLRA Fee Notice and Order)(kek) (Entered: 05/28/2020)

ORDER DENYING 29 Motion for Leave to Appeal in forma pauperis. Plaintiff shall tender the appellate filing and docketing fee of $505.00 to the Clerk of Court in this District on or before June 29, 2020, or he may re-apply to the Seventh Circuit Court of Appeals for leave to appeal in forma pauperis.The Clerk of Court is DIRECTED to send a copy of this order to the Court of Appeals. Signed by Judge J. Phil Gilbert on 5/28/2020. (jsy) (Entered: 05/28/2020)

Action due by 6/29/2020, per Order at Doc. 34. (kls3)

PLRA Fee Notice and ORDER of USCA as to 28 Notice of Appeal filed by Robert K. Decker (kek) (Entered: 05/29/2020)

TRANSCRIPT INFORMATION SHEET by Pro Se Party Robert K. Decker (ack) (Entered: 06/16/2020)

ORDER of USCA as to 28 Notice of Appeal filed by Robert K. Decker. IT IS ORDERED that the motion for leave to proceed on appeal in forma pauperis is GRANTED. The district court is instructed to assess an initial partial filing fee for the appeal and to notify this court when the partial fee has been collected. (kek) (Entered: 09/10/2020)

ORDER DIRECTING PRISONER PAYMENT: Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $135.51. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $505.00 filing and docketing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $505.00 filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to send a copy of this Order to the United States Court of Appeals for the Seventh Circuit and to the Trust Fund Officer at the Terre Haute FCI upon entry of this Order. Signed by Judge J. Phil Gilbert on 9/10/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/10/2020)

USCA Appeal Fees received $ 135.51 receipt number 34625104102 re 28 Notice of Appeal filed by Robert K. Decker (ack) (Entered: 09/21/2020)

ORDER of USCA Appointing Counsel as to 28 Notice of Appeal filed by Robert K. Decker (kek) (Entered: 10/28/2020)

MOTION to Seal Case by Robert K. Decker. (jaj) (Entered: 12/08/2020)

ORDER DENYING 41 Post-Judgment Motion to Seal Case. This case is on appeal, which normally divests the district court of jurisdiction over those aspects of the case that are involved in the appeal. Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982). The motion is unrelated to the pending appeal. In it, Plaintiff seeks an order sealing his underlying case, which was filed almost two years ago and has never been sealed. Documents filed in court are "presumptively open to the public." See Bond v. Utreros, 585 F.3d 1061, 1073 (7th Cir. 2009). A party cannot seal whatever documents he wants. See Citizens First Nat. Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945 (7th Cir. 1997). The party must demonstrate good cause for sealing part or all of the record. Although an appeal of this matter is pending, the court may: (1) defer considering the motion; (2) deny the motion; or (3) state either that it would grant the motion if the court of appeals remands for that purpose or that the motion raises a substantial issue. See Fed. R. Civ. P. 62.1. Because Plaintiff has failed to demonstrate good cause for retroactively sealing his case filed nearly two years ago, the motion is DENIED. Signed by Judge J. Phil Gilbert on 12/10/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/10/2020)

ORDER of USCA as to 28 Notice of Appeal filed by Robert K. Decker. Attorney Ilana B. Gelfman may withdraw from further involvement in this matter. Attorney H. Hunter Bruton will continue to serve as counsel of record for appellant Robert Decker. (kek) (Entered: 02/16/2021)

MANDATE of USCA as to 28 Notice of Appeal filed by Robert K. Decker. The district court's order and judgment dismissing the case are VACATED and this case is REMANDED for further proceedings. (Attachments: # 1 Nonprecedential Disposition, # 2 Certified Judgment)(kek) (Entered: 05/21/2021)

1 Nonprecedential Disposition

View on Clearinghouse

2 Certified Judgment

View on PACER

MOTION for Scheduling Order by Robert K. Decker. (kare) (Entered: 05/21/2021)

ORDER FOR SERVICE OF PROCESS upon ALL DEFENDANTS (official capacities only) and DISMISSING as PREMATURE 45 Motion for Scheduling Order filed by Robert K. Decker. Counts 1 and 2 shall receive further review against ALL DEFENDANTS in their official capacities, and all individual claims for money damages are DIMSISSED without prejudice. The Clerk's Office is DIRECTED to REMOVE the "strike" assessed against Plaintiff herein, TERMINATE Williams Barr as a defendant, and ADD Merrick Garland as a defendant in CM/ECF. Signed by Judge J. Phil Gilbert on 6/8/2021. (jsy) (Entered: 06/08/2021)

Summons Issued as to Merrick B. Garland, Kathaleen Hawk-Sawyer, J. E. Krueger, B. Lammer, Katherine Sireveld, Warden True. (tjk) (Entered: 06/09/2021)

RETURN OF SERVICE EXECUTED as to USAO on 6/14/2021. (tjk) (Entered: 06/21/2021)

RETURN OF SERVICE EXECUTED as to Attorney General on 6/17/2021. (tjk) (Entered: 06/23/2021)

MOTION to Change Venue by Robert K. Decker. (jaj) (Entered: 06/29/2021)

MOTION to Change the Name of one of the Defendants by Robert K. Decker. (jaj) (Entered: 06/29/2021)

SUMMONS Returned Executed Kathaleen Hawk-Sawyer served on 7/6/2021, answer due 9/7/2021. (tjk) (Entered: 07/09/2021)

RETURN OF SERVICE EXECUTED on 7/6/2021 (see Doc. 52 ). (tjk) (Entered: 07/12/2021)

SUMMONS Returned Executed B. Lammer served on 7/12/2021, answer due 9/10/2021. (tjk) (Entered: 07/13/2021)

SUMMONS Returned Executed Katherine Sireveld served on 7/12/2021, answer due 9/10/2021. (tjk) (Entered: 07/13/2021)

SUMMONS Returned Executed J. E. Krueger served on 7/13/2021, answer due 9/13/2021. (tjk) (Entered: 07/19/2021)

SUMMONS Returned Executed Merrick B. Garland served on 7/12/2021, answer due 9/10/2021. (tjk) (Entered: 07/19/2021)

SUMMONS Returned Executed Warden True served on 7/28/2021, answer due 9/27/2021. (tjk) (Entered: 08/11/2021)

NOTICE of Appearance by Ray M. Syrcle on behalf of Merrick B. Garland, Kathaleen Hawk-Sawyer, J. E. Krueger, B. Lammer, Katherine Sireveld, Warden True (Syrcle, Ray) (Entered: 08/12/2021)

ANSWER to 25 Amended Complaint by Merrick B. Garland, Kathaleen Hawk-Sawyer, J. E. Krueger, B. Lammer, Katherine Sireveld, Warden True.(Syrcle, Ray) (Entered: 08/12/2021)

MOTION to Substitute Party by Kathaleen Hawk-Sawyer, Warden True. (Syrcle, Ray) (Entered: 08/12/2021)

RESPONSE in Opposition re 50 MOTION to Change Venue filed by Merrick B. Garland, Kathaleen Hawk-Sawyer, J. E. Krueger, B. Lammer, Katherine Sireveld, Warden True. (Syrcle, Ray) (Entered: 08/12/2021)

MOTION to Change Venue by Robert K. Decker. (kare) (Entered: 09/03/2021)

ORDER GRANTING 51 Motion to Change Name of Defendant filed by Plaintiff Robert K. Decker and 61 Motion to Substitute Parties filed by Defendants Kathleen Hawk-Sawyer and Warden True. This case involves official capacity claims against the defendants under the Administrative Procedures Act. Two of the defendants named in connection with these claims are the former warden of the United States Penitentiary in Marion, Illinois (USP-Marion) (Warden True) and the former director of the Federal Bureau of Prisons (Kathleen Hawk-Sawyer). Both parties seek to substitute the current BOP director, Michael Carvajal, in place of the former director, Kathleen Hawk-Sawyer. Defendants also seek to substitute the current USP-Marion warden, Warden Sproul, in place of the former warden, Warden True. Rule 25(d), Fed. R. Civ. P., provides that "[a]n action does not abate when a public officer who is a party in an official capacity... otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name. The Court may order substitution at any time, but the absence of such an order does not affect the substitution." Id. Pursuant to Fed. R. Civ. P. 25(d), Michael Carvajal (official capacity only) is SUBSTITUTED in place of Kathleen Hawk-Sawyer, and Warden Sproul (official capacity only) is SUBSTITUTED in place of Warden True. The Clerk's Office is DIRECTED to TERMINATE Kathleen Hawk-Sawyer and Warden True as defendants in CM/ECF; both are DISMISSED from this action. Signed by Judge J. Phil Gilbert on 9/16/2021. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/17/2021)

MOTION for status update of case by Robert K. Decker. (jaj) (Entered: 10/06/2021)

ORDER GRANTING 65 Motion for Status. Plaintiff's case was remanded from the Seventh Circuit, and all Defendants have been served with the First Amended Complaint and filed their answers. Plaintiff has since filed two motions to change venue (Docs. 50 and 63), and they are currently under review. Once the court issues a decision, all parties will be provided with a copy of the same. The Clerk's Office is DIRECTED to provided Plaintiff with a courtesy copy of the docket sheet, so that he will have a record of when the Court received and filed each document in his case. Signed by Judge J. Phil Gilbert on 10/7/2021. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/07/2021)

ORDER DENYING 50 and 63 Motion to Change Venue. Signed by Judge J. Phil Gilbert on 11/18/2021. (jsy) (Entered: 11/18/2021)

INITIAL SCHEDULING ORDER: Dispositive motions re: exhaustion of administrative remedies due by 1/20/2022. Signed by Judge J. Phil Gilbert on 11/18/2021. (jsy) (Entered: 11/18/2021)

MOTION for Costs of Appeal by Robert K. Decker. (jaj) (Entered: 11/22/2021)

RESPONSE in Opposition re 69 MOTION for Costs of Appeal filed by Merrick B. Garland, Kathaleen Hawk-Sawyer, J. E. Krueger, B. Lammer, Katherine Sireveld, Warden True. (Attachments: # 1 Exhibit A - Seventh Circuit Motion for Costs, # 2 Exhibit B - Sept. 21, 2021 Seventh Circuit Order Denying Motion for Costs)(Syrcle, Ray) (Entered: 12/06/2021)

MOTION for Copy of Docket Sheet by Robert K. Decker. (jaj) (Entered: 12/30/2021)

ORDER GRANTING 71 Motion for Copy of Docket Sheet. The Clerk's Office is DIRECTED to SEND Plaintiff Robert Decker a courtesy copy of the docket sheet in this matter. Signed by Judge J. Phil Gilbert on 1/4/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/04/2022)

MOTION to Withdraw the Affirmative Defense of Exhaustion of Administrative Remedies by Michael Carvajal, Merrick B. Garland, J. E. Krueger, B. Lammer, Katherine Sireveld, Warden Sproul. (Syrcle, Ray) (Entered: 01/05/2022)

ORDER GRANTING 73 Motion to Withdraw the Affirmative Defense of Exhaustion of Administrative Remedies by Michael Carvajal, Merrick B. Garland, J. E. Krueger, B. Lammer, Katherine Sireveld, Warden Sproul. Signed by Judge J. Phil Gilbert on 1/10/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/10/2022)

SCHEDULING AND DISCOVERY ORDER: Discovery deadline 10/10/2022. Dispositive motions due by 11/10/2022. Trial will be set once the Court rules on all dispositive motions, or, if none are filed, once the deadline for dispositive motions has passed. Signed by Judge J. Phil Gilbert on 1/10/2022. (jsy) (Entered: 01/10/2022)

MOTION to Supplement Two Defendants by Robert K. Decker. (jaj) (Entered: 02/25/2022)

REPLY to Response to Motion re 69 MOTION for Costs of Appeal filed by Robert K. Decker. (jaj) (Entered: 02/25/2022)

RESPONSE to Motion re 76 MOTION to Substitute Party and Motion to Substitute under Rule 25 filed by Michael Carvajal, Merrick B. Garland, J. E. Krueger, B. Lammer, Katherine Sireveld, Warden Sproul. (Syrcle, Ray) (Entered: 03/14/2022)

ORDER DENYING 69 Motion for Costs of Appeal. Signed by Judge J. Phil Gilbert on 4/7/2022. (jsy) (Entered: 04/07/2022)

MOTION for Recruitment of Counsel by Robert K. Decker. (kare) (Entered: 04/08/2022)

ORDER GRANTING 76 Motion to Supplement (Substitute) Defendants. This case involves claims under the Administrative Procedures Act against Federal Bureau of Prisons officials, in their official capacities. Two of these defendants, J.E. Krueger (BOP North Regional Director) and B. Lammer (Warden of United States Penitentiary - Terre Haute), have been succeeded by Andrew Matevousian and Warden Rule, respectively. Plaintiff seeks to "supplement" - i.e., substitute - Matevousian and Rule in place of Krueger and Lammer, in their official capacities. Defendants do not object to this request, to the extent Plaintiff seeks "substitution" and not "addition" of these official capacity defendants under Fed. R. Civ. P. 25. (See Doc. 78). Rule 25 authorizes the Court to order substitution of an officer's successor at any time a public officer named as a party in his or her official capacity ceases to hold office while an action remains pending. See Fed. R. Civ. P. 25(d). Even if the Court does not issue an order, however, substitution under Rule 25(d) is automatic. Id. Pursuant to Rule 25, IT IS ORDERED that ANDRE MATEVOUSIAN is SUBSTITUTED in place of J.E. KRUEGER and WARDEN RULE is SUBSTITUTED in place of B. LAMMER as defendants in their official capacities. Defendants J.E. KRUEGER and B. LAMMER are DISMISSED without prejudice from this action. The Clerk's Office is DIRECTED to ADD Defendants ANDRE MATEVOUSIAN and WARDEN LAMMER as defendants in CM/ECF; TERMINATE KRUEGER and LAMMER as parties; and ENTER judgment as to KRUEGER and LAMMER at the close of this case. Signed by Judge J. Phil Gilbert on 4/13/2022 (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/13/2022)

Order on Motion to Substitute Party

ORDER OF CORRECTION: That portion of 81 Order Granting Motion to Supplement (Substitute) Defendants, which reads, "The Clerk's Office is DIRECTED to ADD Defendants ANDRE MATEVOUSIAN and WARDEN LAMMER" is hereby CORRECTED to read, "The Clerk's Office is DIRECTED to ADD Defendants ANDRE MATEVOUSIAN and WARDEN RULE" as defendants in CM/ECF. Signed by Judge J. Phil Gilbert on 4/14/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/14/2022)

ORDER DENYING 80 Motion for Recruitment of Counsel without prejudice. See Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (articulating factors court considers when evaluating motions for counsel). An indigent plaintiff seeking representation by court-recruited counsel must demonstrate: (a) reasonable efforts to locate counsel on his own; and (b) an inability to litigate the matter without representation. Plaintiff has not demonstrated sufficient efforts to find counsel. He allegedly "wrote" to seven attorneys who declined to represent him in this matter. Setting aside the fact that he also claims to lack access to writing instruments, paper, etc., Plaintiff does not provide copies of any correspondence, the names of attorneys or law firms he contacted, the dates of any contacts, or a summary of the services he requested, and responses he received. In the meantime, Plaintiff has demonstrated his ability to competently litigate this matter from start to finish, through an appeal, and on remand, despite being house in the CMU with law library access that is limited to once or twice per week. In fact, Plaintiff has shown that he is quite capable of litigating this matter pro se. If that changes, Plaintiff may renew his request for court-recruited counsel, by filing a new motion and attaching a summary or copies of correspondence with at least three attorneys or law firms who have received and denied his request for representation in this case. Signed by Judge J. Phil Gilbert on 4/14/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/14/2022)

Order

Order on Motion for Recruitment of Counsel

RESPONSE to Plaintiff's Requests to Admit filed by Merrick B. Garland. (Attachments: # 1 Exhibit A--Plaintiff's Requests to Admit, # 2 Exhibit B--5 USC 552)(Syrcle, Ray) (Entered: 04/28/2022)

MOTION for Recruitment of Counsel by Robert K. Decker. (kare) (Entered: 06/15/2022)

ORDER DENYING 85 Motion for Recruitment of Counsel. Plaintiff provided copies of letters to attorneys or law firms dated 5/2/2022 seeking assistance in this matter. He has only received a response to one, and he anticipates transferring from FCI-Terre Haute soon. An indigent plaintiff seeking representation by court-recruited counsel must demonstrate: (a) reasonable efforts to locate counsel on his own; and (b) an inability to litigate the matter without representation. Although Plaintiff has now shown reasonable efforts to find counsel, he has not explained why he requires an attorney to represent him. At the same time, he has demonstrated his ability to competently represent himself by litigating the underlying action from start to finish, through an appeal, and on remand, despite being housed in the CMU with law library access that is limited to once or twice per week. His placement may cause certain delays during discovery, and, if it does, he should contact opposing counsel to request extensions of discovery deadlines by consent. If he cannot reach an agreement with the defendant(s), Plaintiff may file a motion seeking an extension with the court. Absent any other impediments to self-representation, the Court declines to recruit counsel for Plaintiff at this time. The motion is denied without prejudice. Signed by Judge J. Phil Gilbert on 6/16/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/16/2022)

Order on Motion for Recruitment of Counsel

ORDER: Attorney H. Hunter Bruton of Jones Day located in Washington, DC, is still listed as counsel of record in this matter. This attorney represented Plaintiff in his appeal, and Plaintiff has since filed one or more requests for representation in this matter on remand. On or before July 15, 2022, Attorney BRUTON is DIRECTED to ADVISE this Court, in writing, whether he continues to represent Plaintiff in this case on remand. The Clerk's Office is DIRECTED to TRANSMIT a copy of this Order to Attorney Bruton. Signed by Judge J. Phil Gilbert on 6/24/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/24/2022)

Per Order at Doc. 87: Action due by 7/15/2022. (kls3)

Order

MOTION for Reconsideration re 86 Order on Motion for Recruitment of Counsel,,,,, by Robert K. Decker. (kare) (Entered: 07/01/2022)

SUPPLEMENT by Robert K. Decker. Supplement to 88 Motion for Reconsideration. (kare) (Entered: 07/05/2022)

ORDER SUA SPONTE GRANTING Relief from Assignment as Counsel. It has come to the Court's attention that Attorney H. Hunter Bruton of Jones Day located in Washington, DC is not admitted to practice in the Southern District of Illinois and does not represent Plaintiff in this remanded matter. Therefore, the Clerk of Court is DIRECTED to TERMINATE Attorney Bruton as counsel assigned to represent Plaintiff. Signed by Judge J. Phil Gilbert on 7/11/2022. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/11/2022)

ORDER DENYING 88 Motion for Reconsideration of 86 Order Denying Motion for Recruitment of Counsel. Plaintiff cites more than a half-dozen cases he has pending in four states as the reason for seeking court-recruited counsel here. However, the number of other pending cases has no bearing on this Court's analysis of whether he has made sufficient efforts to find an attorney to represent him in this particular case or whether he has demonstrated his ability to litigate this matter so pro se. The Court remains convinced that court-recruited counsel is still not necessary at this time, for each of the reasons already set forth at Doc. 86. Signed by Judge J. Phil Gilbert on 7/11/2022. (jsy). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/11/2022)

MOTION for Recruitment of Counsel by Robert K. Decker. (jaj) (Entered: 07/11/2022)