Haywood v. Wexford Health Sources Inc et al
| Donald Haywood |
| Leonta Jackson, Mallorie Kennedy, Andrew Tilden, . Prentice, Wexford Health Sources Inc, . Boland, Rob Jeffreys, Travis Bantista, . Hany, Nathaniel Damm, Alyson Burchardt, Tracy Doe, Kristi Naretto, Heather Cox, Christopher Brubaker, Jen Smith, John and Jane Doe 1 to 10, . Naretto, Sherry Doe, . Sellers, . Towery, Sheron Simpson, Bekah McGrath, . Michell, Mary Cerda, C Coon, Nikki Rambo, . Compton, Cheryl Hansen, . Vilt and Donald Doolin |
| 1:2021cv01089 |
| March 10, 2021 |
| US District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 23 BRIEFING ORDER of USCA as to #9 Notice of Appeal filed by Donald Haywood (SAG) |
Filing 22
TEXT ORDER entered by Judge Michael M. Mihm on 4/30/2021. Plaintiff filed #14 , a motion to proceed in forma pauperis on appeal. The docket shows, however, that Plaintiff paid the full filing fee on 4/28/21. Accordingly, #14 is rendered MOOT. (SAG)
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Filing 21
ORDER of USCA as to #9 Notice of Appeal filed by Donald Haywood. IT IS ORDERED that appeal no. 21-1760 is administratively CLOSED. No appellatefiling fees for appeal no. 21-1760 shall be imposed. See full written Order. (AH)
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| Filing 20 PLRA FEE NOTICE AND ORDER of USCA as to #13 Notice of Appeal filed by Donald Haywood. (AH) |
| Filing 17 NOTICE of Docketing Record on Appeal from USCA re #13 Notice of Appeal filed by Donald Haywood. USCA Case Number 21-1760. (AH) |
| Filing 16 Short Record of Appeal Sent to US Court of Appeals re #13 Notice of Appeal (AEM) |
| Filing 15 DOCKETING STATEMENT by Donald Haywood re #13 Notice of Appeal (AEM) |
| Filing 14 MOTION for Leave to Appeal in forma pauperis by Plaintiff Donald Haywood. Responses due by 5/13/2021 (AEM) |
| Filing 13 AMENDED NOTICE OF APPEAL with Statement of Issues by Donald Haywood. (AEM) |
| USCA Appeal Fees received $ 505.00 receipt number 14626040497 re #9 Notice of Appeal filed by Donald Haywood (AEM) |
| Filing 19 PLRA FEE NOTICE AND ORDER of USCA as to #9 Notice of Appeal filed by Donald Haywood (SAG) |
| Filing 18 NOTICE of Docketing Record on Appeal from USCA re #9 Notice of Appeal filed by Donald Haywood. USCA Case Number 21-1678. (SAG) |
| Filing 12 Short Record of Appeal Sent to US Court of Appeals re #9 Notice of Appeal. (AH) |
| Filing 11 TRANSCRIPT INFORMATION SHEET by Donald Haywood (AH) |
| Filing 10 DOCKETING STATEMENT by Donald Haywood re #9 Notice of Appeal. (AH) |
| Filing 9 NOTICE OF APPEAL by Donald Haywood. (AH) |
| Filing 8 JUDGMENT entered in a civil case (SAG) |
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TEXT ORDER entered by Judge Michael M. Mihm on 4/12/2021. On March 15, 2021, the Court denied Plaintiff's petition to proceed in forma pauperis. The Court noted that Plaintiff had denied sources of income in the preceding months other than "occasional small monetary gifts from friends/family." Plaintiff's trust fund ledgers, however, revealed that in the preceding six months he had received $430 from individuals as well as a $1200 stimulus check. In the month prior to filing, Plaintiff spent $636.47 in the prison commissary and sent another $380 out of the institution. Plaintiff had a prior case, Haywood v. Renzi, No. 19-1242 (C.D. Ill. July 16, 2019) ("Renzi"),which was dismissed with prejudice for Plaintiff's failure to disclose $1,630.00 in income in the six months prior to filing. There, Judge Bruce noted Plaintiff's prior similar conduct in Haywood v. Wexford Health Source, Inc., No. 16-3566 (N.D. Ill. Mar. 23, 2016) (Plaintiff failed to disclose to $960.00 received in the preceding six months); Haywood v. Rednor, No. 11-388 (S.D. Ill. May 10, 2011) (Plaintiff failed to disclose $585.00 in income received from family members).The Court gave Plaintiff an opportunity to show cause as to why this complaint, too, should not be dismissed. In his response, Plaintiff claims that he is seriously mentally ill, has litigated with the help of jailhouse lawyers, cannot remember numbers "off the top of his head," and that is a little concern that he spent $636.40 in the commissary prior to filing. The Court finds these arguments unpersuasive, particularly, as Plaintiff has shown a pattern of fraudulently underreporting income so as to avoid paying filing fees. Accordingly, this complaint is dismissed with prejudice. Plaintiff is assessed an additional "strike" which is to be recorded in the 3-strikes log pursuant to 28 U.S.C. Section 1915(g). Plaintiff must still pay the full docketing fee even though his case has been dismissed. If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis should set forth the issues Plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal. (SAG)
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| Filing 7 Response to Order to Show Cause by Donald Haywood re #6 Order to Show Cause. (AH) |
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Filing 6
ORDER entered by Judge Michael M. Mihm on 3/15/2021. IT IS THEREFORE ORDERED:Plaintiff is directed to show cause, within 21 days of this Order, as to why the Court should not impose sanctions for his failure to fully and accurately disclose his financial information and apparent attempt to dissipate funds prior to filing suit. SEE FULL WRITTEN ORDER.(SAG)
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| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Michael Mihm. 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 3/31/2021. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 5 MOTION to Request Counsel by Plaintiff Donald Haywood. Responses due by 3/24/2021 (SAG) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER. by Donald Haywood (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Donald Haywood.(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Donald Haywood.(SAG) |
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