Wheeler v. Talbot et al
| Anthony Wheeler |
| Jackie Miller, D Laker, Marcia Keys, Jaclyn O'Day, Paul Talbot, Keith Anglin, S A Godinez, Louis Shicker, Yolande Johnson, Kevin Gilson, Sherry Benton and Susann Griswod-Bailey |
| 2:2012cv02281 |
| October 23, 2012 |
| US District Court for the Central District of Illinois |
| Urbana Office |
| Vermilion |
| David G. Bernthal |
| Michael P. McCuskey |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
94
OPINION entered by Judge Harold A. Baker on 1/29/2014. Defendant Talbot's Motion to Dismiss 65 is GRANTED and Plaintiff's state law medical malpractice claim is dismissed without prejudice. Plaintiff's Motion for Summary Judgment [7 1] is DENIED. Plaintiff's Motion for Partial Declaratory Judgment 72 is DENIED. Plaintiff's Fifth Motion for Appointment of Counsel and/or Third Motion for Appointment of Health Care Monitor and/or Third Motion for an Expert Medical Wit ness 80 is DENIED. Plaintiff's Motion for the Substitution of Parties 83 is DENIED. Plaintiff's First Motion Compelling Appearance and Issuance of Subpoena to Deponent 84 is DENIED. Plaintiff's First Motion for Depositions [85 ] is DENIED. Plaintiff's Motion for Initial Case Management Conference 89 is DENIED. This court will enter a Case Management Order in this case. Plaintiff's Motion for Judgment on the Pleadings 90 is DENIED. Plaintiff's filings [91, 92, 93] are hereby STRICKEN. See written Opinion. Copy of Opinion mailed to pro se plaintiff. (DS, ilcd)
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Filing
64
OPINION Entered by Judge Colin Stirling Bruce on 12/12/13. IT IS THEREFORE ORDERED THAT: (1) Defendant's Motion for Leave to File Motion to Dismiss 58 is GRANTED. The clerk is directed to file the Motion to Dismiss and Memorandum of Law in Support of Motion to Dismiss attached to Defendant's Motion 58 . (2) Plaintiff's Motion for Leave to Appeal in forma pauperis 60 is GRANTED. However, Plaintiff is still responsible for payment of the filing fee. At this time, no parti al filing prepayment is due. The agency having custody of Plaintiff shall begin forwarding monthly payments from Plaintiffs trust fund account to the clerk of court each time Plaintiffs amount exceeds $10.00 until the statutory appeal fee of &# 036;455.00 is paid in its entirety. The clerk is directed to provide the United States Court of Appeals for the Seventh Circuit with a copy of this Order. (3) Plaintiff's Motion to Stay Proceedings Pending Appeal 62 is DENIED. SEE WRITTEN OPINION. (copy mailed to Anthony Wheeler A81100, Danville Correctional Center, Inmate Mail/Parcels, 3820 E Main St, Danville, IL 61834 and emailed to US Court of Appeals) (SKD, ilcd)
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Filing
32
OPINION Entered by Judge Michael P. McCuskey on 6/25/13. IT IS THEREFORE ORDERED THAT:(1) Counts 1, 4, 5 and 7 of Plaintiff's pro se Full Amended Complaint 28 are dismissed for failure to state a claim.(2) Count 2 of Plaintiffs Amended Compla int 28 is stayed until the conclusion of a class action claim regarding soy diets being handled by Senior United States District Judge Harold A. Baker. (3) Plaintiff may proceed on Count 3 against Defendant Dr. Paul Talbot and Count 6 against Defen dants Keith Anglin and Yolande Johnson. All other named Defendants are terminated as parties to this action. (4) This court exercises supplemental jurisdiction over Plaintiffs state law medical malpractice claim against Defendant Talbot. This cour t declines to exercise supplemental jurisdiction over all of Plaintiffs other state law claims. These claims are dismissed without prejudice and may be filed in state court. (5) A Scheduling Order shall be entered directing service on Defendants Tal bot, Anglin and Johnson and setting a Rule 16 conference date. (6) This case remains scheduled for a status conference on June 28, 2013, at 1:30 p.m. SEE WRITTEN OPINION. (copy mailed to Anthony Wheeler A81100, Danville Correctional Center, Inmate Mail/Parcels, 3820 E Main St, Danville, IL 61834) (SKD, ilcd)
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Filing
27
OPINION Entered by Judge Michael P. McCuskey on 1/25/13. IT IS THEREFORE ORDERED THAT (1) Plaintiff's Motion for Leave to File his Third Amended Complaint 15 is DENIED. (2) Plaintiff's Motion for Leave to Amend his Complaint 18 is GR ANTED. (3) Plaintiff's Motions for Partial Declaratory Judgment 12 , 16 , 26 are DENIED as premature. (4) Plaintiff's Motions for Appointment of an Expert Medical Witness 13 , 23 are DENIED as premature. (5) Plaintiff's Motio ns for Appointment of a Health Care Monitor 14 , 22 are DENIED. (6) Plaintiff's Motions for Appointment of Counsel 17 , 21 are DENIED at this time. (7) Plaintiff's Emergency Motion for Leave to File Motion for Temporary Restraining O rder and Preliminary Injunction 9 remains pending. (8) Plaintiff's Motion for Leave to File Interlocutory Appeal 19 is DENIED as this court has not yet ruled on his request for Temporary Restraining Order and Preliminary Injunction so there is no order to appeal from. (9) This case is remains scheduled for a merit review hearing on January 28, 2013, at 10:00 a.m. SEE OPINION. (SKD, ilcd) (copy to plaintiff via Danville efiling project)
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