Sturgeon v. Wertz et al
| David M Sturgeon |
| Graham Correctional Center, Woodford County, IL States Attorney, Mason County Jail, Woodford County, IL Jail, Woodford County, IL Judge, John Doe and Dennis Wertz |
| 1:2020cv01333 |
| September 22, 2020 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 23 WAIVER OF SERVICE Returned Executed by David M Sturgeon. (RES, ilcd) |
| Filing 21 NOTICE of Appearance of Attorney by Terence J Corrigan on behalf of Denny Wertz (Corrigan, Terence) |
| Filing 20 NOTICE of Appearance of Attorney by Bhairav Radia on behalf of Denny Wertz (Radia, Bhairav) |
| Filing 22 WAIVER OF SERVICE Returned Executed by David M Sturgeon. Dennis Wertz waiver sent on 10/20/2020, answer due 12/21/2020. (ANW, ilcd) |
| Filing 19 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Denny Wertz on 10/20/2020. (SAG, ilcd) |
Filing 18
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Harold A. Baker on 10/20/2020. (SAG, ilcd)
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Filing 17
MERIT REVIEW ORDER entered by Judge Harold A. Baker on 10/20/2020. It is therefore ordered: 1. Pursuant to its merit review of the Complaint under 28 U.S.C. 1915A, the court finds that the plaintiff states a Fourteenth Amendment claim for failure to provide adequate medical care against the Doe defendants. Any additional claims shall not be included in the case, except at the court's discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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| Filing 16 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Chief Judge Sara Darrow. Effective immediately, all documents should be mailed or scanned to the Rock Island Division, 131 E 4th Street, Davenport, IA 52801. Merit Review Deadline set for 10/13/2020. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 15 Case transferred in from District of Illinois Southern; Case Number 3:20-cv-00748. |
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Filing 14
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to the United States District Court for the Central District of Illinois. Signed by Chief Judge Nancy J. Rosenstengel on 9/21/2020. (jrj)
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| Filing 13 COMPLAINT against All Defendants, filed by David M. Sturgeon.(jsm2) |
| Filing 12 NOTICE to the Court by David M. Sturgeon. (jsm2) |
| Set Deadlines: Complaint due by 9/22/2020. (jsm2) |
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Filing 11
ORDER: The Clerk of Court is DIRECTED to STRIKE the Complaint at Doc. #1 . If Plaintiff wishes to further pursue this action, he shall file a complaint on or before September 22, 2020. Failure to respond to this order by the prescribed deadline will result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is further DIRECTED to send Plaintiff a copy of this Order, along with a Pro Se Civil Rights Complaint form, and the Instructions for Filing a Pro Se Civil Complaint for Civil Rights Violations or Other Civil Claims Filed by a Person in Custody. Signed by Chief Judge Nancy J. Rosenstengel on 8/25/2020. (jrj)
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Filing 10
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #5 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $5.25. 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 $350.00 filing 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 $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. 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 Trust Fund Officer at the Graham Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 8/24/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 Prisoner Trust Fund Account Statement. (jsm2) |
| Filing 8 Prisoner Trust Fund Account Statement by David M. Sturgeon. (jsm2) |
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Filing 7
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #5 ), 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 1/1/2020 to 7/31/2020 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 Graham Correctional Center. (Trust Fund Statement due on or before 9/28/2020). Signed by Chief Judge Nancy J. Rosenstengel on 8/13/2020. (tjk)
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Filing 6
ORDER : The Court has received your motion to proceed without prepayment of the filing fee. 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. 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 Chief Judge Nancy J. Rosenstengel on 8/13/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by David M. Sturgeon. (jaj) |
| Filing 4 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 3 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 07/31/2020. Consent due by 8/21/2020. (jsm2) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 20-cv-748-NJR. Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 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 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 Chief Judge Nancy J. Rosenstengel on 7/31/2020. (jsm2)
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| Filing 1 STRICKEN - COMPLAINT against All Defendants, filed by David M. Sturgeon.(jsm2) Modified on 8/26/2020 (jsm2). |
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