Sanchez v. Wexford Health Sources, Inc. et al
| Jesus Sanchez |
| Andrew Tilden, Wexford Health Sources, Inc., P. H. Kehoe and Steven Meeks |
| 1:2019cv01097 |
| March 22, 2019 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 9 MOTION for Status by Plaintiff Jesus Sanchez. Responses due by 6/14/2019 (TK, ilcd) |
| Prisoner Initial Partial Filing Fee received 4/15/19, in the amount of $ 33.40; receipt number 14626034277 (FDS, ilcd) |
TEXT ORDER entered by Judge Joe Billy McDade on 4/9/2019. On March 26, 2019, the Court denied Plaintiff's motion for preliminary injunction and TRO. The Court found that Plaintiff's complaint that he was given eyeglasses, rather than contact lenses, failed to identify either a likelihood of success on the merits or irreparable harm. Plaintiff now files #8 , a motion to reconsider, asserting that the failure to provide vision care has been found actionable in other cases. While this is certainly so, Plaintiff offers nothing to support that facts at issue here require the drastic remedy of injunctive relief. #8 is DENIED. (SAG, ilcd)
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| Filing 8 MOTION to Reconsider re Text Order entered 3/26/2019 by Plaintiff Jesus Sanchez. Responses due by 4/22/2019 (SAG, ilcd) |
| Filing 7 +++ PRISONER TRUST FUND LEDGER. by Jesus Sanchez (SAG, ilcd) |
| Filing 6 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Jesus Sanchez.(SAG, ilcd) |
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TEXT ORDER granting #6 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $33.40. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff's place of confinement, to the attention of the Trust Fund Office. Entered by Judge Joe Billy McDade on 3/27/2019. (SAG, ilcd)
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TEXT ORDER entered by Judge Joe Billy McDade on 3/26/2019. Plaintiff files #5 , a motion for preliminary injunction and motion for a temporary restraining order. Plaintiff asserts that, after his arrival at Pinckneyville, his contact lenses were taken and he was given eyeglasses. Plaintiff claims, however, that the eyeglasses cause migraines and that if he had contact lenses the migraines would abate. Plaintiff was sent to specialist Dr. Messenger at the University of Illinois Hospitals. Plaintiff admits that Dr. Messenger determined he had "healthy eyes" and there was no reason he should be unable to wear eyeglasses. The Seventh Circuit has repeatedly stated that a preliminary injunction is an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it. Girl Scouts of Manitou Council, Inc. v. Girl Scouts of U.S.A., Inc., 549 F.3d 1079, 1085 (7th Cir. 2008). A party seeking the injunction has the burden to prove that he will suffer irreparable harm during the time prior to final resolution of his claims, the inadequacy of legal remedies available, and some likelihood of success on the merits. Ty, Inc. v. Jones Group, Inc., 237 F.3d 891, 895 (7th Cir. 2001). Here, Plaintiff does not establish "some likelihood of success on the merits," with no adequate remedy at law or that he will suffer irreparable harm if a preliminary injunction is denied." Ezell v. City of Chicago, 651 F.3d 684, 694 (7th Cir.2011). Here, the Court finds that Plaintiff has failed to establish some likelihood of success on the merits as an eye specialist has determined that he may use eyeglasses without harm. While Plaintiff believes that contact lenses would causes headaches to abate, he offers nothing to support this opinion. #5 is DENIED. (SAG, ilcd)
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| Filing 5 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order by Plaintiff Jesus Sanchez. Responses due by 4/5/2019 (SAG, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER. by Jesus Sanchez (SAG, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Jesus Sanchez.(SAG, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. 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 4/11/2019. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Jesus Sanchez.(SAG, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 3/22/2019. Plaintiff has submitted an affidavit and petition to proceed in forma pauperis asserting that he has received no income in the past year. His prison trust fund ledgers, however, indicate that he has received more than $1,000.00 in the past six months alone. Plaintiff's petition is at best, in error and at worst, fraudulent. Plaintiff's petition to proceed in forma pauperis #3 is DENIED. Plaintiff will have 30 days in which to pay the $400 filing fee or submit a corrected petition identifying his sources of income. Failure to do either will result in the dismissal of this case, without prejudice.(SAG, ilcd)
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