Bahrs v. Wexford Health Care Source Inc et al
| Shawn M Bahrs |
| Thomas Baker, Wexford Health Care Source Inc, Debbie Fuqua, Vipin Shah and Dan Walsh |
| 2:2013cv02142 |
| June 24, 2013 |
| US District Court for the Central District of Illinois |
| Urbana Office |
| Brown |
| Byron G. Cudmore |
| Sue E. Myerscough |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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Filing
14
OPINION entered by Judge Sue E. Myerscough on 07/17/2013. SEE WRITTEN OPINION. Plaintiff's emergency motion for surgery is denied as moot (d/e 7 ). Plaintiff's motion for the appointment of counsel is denied as moot (d/e 3 ). Counsel was appointed for Plaintiff. However, that appointment was limited to representing Plaintiff for the purpose of Plaintiff's emergency motion. Defendants Dr. Shah and Sheriff Dan Walsh were added as Defendants by the Court solely for purposes o f Plaintiff's emergency motion. Attorney Vogt is directed to file an appearance for Dr. Shah by July 24, 2013. Attorney Mann is directed to file an appearance for Sheriff Walsh by July 24, 2013. Attorney Koester will be terminated as Plain tiff's counsel after the Court is notified that Plaintiff has received the surgery. Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the Court finds that Plaintiff states an Eighth Amendment claim for deliberate indi fference to his serious medical needs. This cause is set for further scheduling procedures under Fed. R. Civ. P. 16 on September 30, 2013 at 1:30 p.m., or as soon as the Court can reach the case, before U. S. District Judge Sue E. Myerscough by tele phone conference. The conference will be cancelled if service has been accomplished and no pending issues need discussion. Accordingly, no writ shall issue for Plaintiff's presence unless directed by the Court. Counsel for Defendants is hereb y granted leave to depose Plaintiff at his place of confinement. Counsel for Defendants shall arrange the time for the deposition. Plaintiff shall immediately notify the Court, in writing, of any change in his mailing address and telephone number. Pl aintiff's failure to notify the Court of a change in mailing address or phone number will result in dismissal of this lawsuit, with prejudice. The Clerk is directed to send to Defendant Debbie Fuqua pursuant to this District's internal procedures: Notice of Lawsuit and Request for Waiver of Service; a copy of the Complaint and this Opinion. (DM, ilcd)
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