Akerele v. Illinois Department of Corrections et al
| Nicholas A Akerele |
| Illinois Department of Corrections, MiRada Ritter, . Young, Rob Jeffrey, Victor Calloway, Cynthia Ross, Wexford Health Care Services and Danville Correctional Center |
| 2:2020cv02053 |
| March 3, 2020 |
| U.S. District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 20, 2020. A more recent docket listing may be available from PACER.
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| Filing 14 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Cynthia Ross and Victor Calloway on 4/20/2020. (Attachments: #1 Waiver Calloway)(KE, ilcd) |
| Waiver of Service Returned Unexecuted as to Cynthia Ross and Victor Calloway., filed by Nicholas A Akerele. (KE, ilcd) |
TEXT ORDER entered by Judge Sue E. Myerscough on 4/15/2020. The Court's 4/8/20 merit review order inadvertently did not dismiss Defendant Jeffreys, the Acting Director of IDOC. The allegations in the complaint do not allow a plausible inference that Defendant Jeffreys was personally responsible for Plaintiff's alleged lack of medical care for Plaintiff's broken nose. Mr. Jeffreys cannot be held liable for the constitutional violations of his employees solely because he is in charge or because he denied Plaintiff's grievance. George v. Smith, 507 F.3d 605, 609-10 (7th Cir. 2007) ("Only persons who cause or participate in the violations are responsible. Ruling against a prisoner on an administrative complaint does not cause or contribute to the violation."); Chavez v. Illinois State Police, 251 F.3d 612, 651 (7th Cir. 2001)(no respondeat superior liability under Sec 1983). Defendant Jeffreys is dismissed without prejudice and terminated. (KE, ilcd)
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| Filing 13 WAIVER OF SERVICE Returned Executed by Nicholas A Akerele. Wexford Health Care Services waiver sent on 4/8/2020, answer due 6/8/2020. (KE, ilcd) |
| Filing 12 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Victor Calloway, Rob Jeffreys, MiRada Ritter, Cynthia Ross, Wexford Health Care Services, Dr. Young on 4/8/2020. (Attachments: #1 Waiver Wexford, #2 Waiver Ross, #3 Waiver Ritter, #4 Waiver Jeffreys, #5 Waiver Calloway)(KE, ilcd) |
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Filing 11
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Sue E. Myerscough on 4/8/2020. See written order. (KE, ilcd)
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Filing 10
MERIT REVIEW ORDER entered by Judge Sue E. Myerscough on 4/8/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff states possible Eighth Amendment claims for deliberate indifference to Plaintiff's serious medical needs against the Defendants Dr. Young, Nurse Ross, Director of Nursing Ritter, Wexford Health Sources, Inc., and Warden Calloway. This case proceeds solely on the claims identified in this paragraph. 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. Plaintiff's motion for the Court to attempt to recruit pro bono counsel to represent him is denied #5 . Defendants IDOC and Danville Correctional Center are dismissed. The clerk is directed to enter the standard order granting Plaintiff's in forma pauperis petition and assessing an initial partial filing fee, if not already done, and to attempt service on Defendants pursuant to the standard procedures. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See written order. (KE, ilcd)
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| Filing 9 Remark: Motion for Counsel with Exhibits to Plaintiff pursuant to Text Order entered 4/1/2020. (KE, ilcd) |
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TEXT ORDER entered by Magistrate Judge Tom Schanzle-Haskins on 4/1/2020. Plaintiff's motion for a copy of his motion for appointment of counsel with exhibits is granted. #8 . The clerk is directed to send Plaintiff a copy of his motion for counsel with exhibits. #5 . (KE, ilcd) Modified on 4/1/2020 to correct document number.(KE, ilcd).
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| Filing 8 MOTION for copy of Motion for appointment of counsel with exhibits by Plaintiff Nicholas A Akerele. Responses due by 4/13/2020 (MAS, ilcd) |
| Filing 7 NOTICE of Change of Address by Nicholas A Akerele. New address is: Dixon Correctional Center, 2600 N Brinton Avenue, Dixon, IL 61021 (MAS, ilcd) |
| Prisoner Initial Partial Filing Fee received 3/16/2020, in the amount of $ 18.00; receipt number 24626009387 (JMB, ilcd) |
| Filing 6 NOTICE to Court/Letter to Clerk regarding Exhibits to #1 Complaint (Attachments: #1 Exhibits, #2 Exhibits, #3 Exhibits)(MAS, ilcd) |
| Filing 5 MOTION to Request Counsel by Plaintiff Nicholas A Akerele. Responses due by 3/17/2020 (Attachments: #1 Exhibits)(KE, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Nicholas A Akerele. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Nicholas A Akerele.(KE, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield,IL 62701.Merit Review Deadline set for 3/23/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Nicholas A Akerele. (Attachments: #1 Exhibits)(KE, ilcd) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Sue E. Myerscough on 3/3/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $38.53. 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. (KE, ilcd)
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