Hawkins v. Dupree et al
| Ryan Hawkins |
| Dana .., Jane Doe, Wexford Health Care, . Dupree and Tina .. |
| Danville Correctional Center |
| 2:2020cv02193 |
| July 8, 2020 |
| 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 10 Letter from Ryan Hawkins. (VH, ilcd) |
| Filing 9 STATUS REPORT by Danville Correctional Center. (SAG, ilcd) |
TEXT ORDER entered by Judge Michael M. Mihm on 8/20/2020. On July 9, 2020, the Court denied Plaintiff's request for injunctive relief where he claimed to have back pain, possibly caused by a cancerous tumor. Plaintiff subsequently filed a motion to reconsider, asserting that he was in pain and not receiving any medical care whatsoever #8 . The Court reserved ruling on the motion to reconsider, asking that staff at the Danville Correctional Center submit a report identifying Plaintiffs relevant medical treatment. Defendants have provided a report from the Danville Health Care Unit Administrator, Jennifer Chacon, BA, RN. Ms. Chacon documents that Plaintiff first arrived at Danville on January 2, 2019. Plaintiff was seen in the medical unit on January 27, 2020, for a "pinched nerve" in his shoulder. On that date, the Nurse Practitioner ordered Robaxin and Naproxen as well as cervical spine x-rays. The x-rays were essentially normal, showing some straightening of the lordotic curve, possibly associated with muscle spasm. On March 28, 2020, Plaintiff presented with his first complaint of back pain, indicating that it had begun 5 months prior. Plaintiff was provided a three-day supply of ibuprofen, instructed to apply warm compresses as needed, and to return if the symptoms worsened. On May 29, 2020, Plaintiff appeared in sick call requesting Robaxin, which though ordered, had apparently not been dispensed. On July 14, 2020, Plaintiff reported reported with back pain for the second time which he described as constant a "6" on a scale of 1-10. He was given another three-day supply of ibuprofen. Plaintiff had not reported to nurse sick call since that date. Plaintiff's motion to reconsider #8 is DENIED. The Court finds that, despite his claim, Plaintiff has received some amount of medical treatment, though not the treatment he wanted. See Snipes v. Detella, 95 F.3d 586, 590-591 (7th Cir. 1996). (SAG, ilcd)
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TEXT ORDER entered by Judge Michael M. Mihm on 8/19/2020. On July 9, 2020, the Court denied Plaintiff's request for injunctive relief where he claimed to have back pain, possibly caused by a cancerous tumor. Plaintiff requested referral to a specialist, that Defendant Wexford abandon its policy requiring that inmates be seen three times in sick call before seeing the physician, and that he not be charged a five dollar co-pay for each visit. The Court determined that Plaintiff had failed to plead that he would suffer irreparable harm, that he had some likelihood of success on the merits, and that he did not have an adequate legal remedy. Plaintiff now files #8 , a motion to reconsider, asserting that he is in pain and not receiving any medical care whatsoever. #8 is RESERVED. The Danville Correctional Center is to submit a report within 21 days, identifying any relevant medical treatment Plaintiff has received in relation to his back pain. A copy of this order is to be sent to the Danville Chief Administrative Officer.(SAG, ilcd)
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| Prisoner Initial Partial Filing Fee received 8/11/2020, in the amount of $40.00; receipt number 14626038272. (JS, ilcd) |
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TEXT ORDER granting #6 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $42.47. 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. Entered by Judge Michael M. Mihm on 7/15/2020. (SAG, ilcd)
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| Filing 8 MOTION for Reconsideration re 7/9/2020 Text Order on Motion for Preliminary Injunction by Plaintiff Ryan Hawkins. Responses due by 7/28/2020 (JS, ilcd) |
| Filing 7 +++ PRISONER TRUST FUND LEDGER by Ryan Hawkins. (JS, ilcd) |
| Filing 6 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Ryan Hawkins.(JS, ilcd) |
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TEXT ORDER entered by Judge Michael M. Mihm on 7/9/2020. Plaintiff has filed a complaint which has not yet undergone merit review. A cursory review of the complaint reveals that Plaintiff is alleging deliberate indifference in the treatment of his back pain. Plaintiff has also filed a motion for preliminary injunction #4 . There, he claims to have back pain which could possibly be caused by a cancerous tumor, requesting referral to a specialist. Plaintiff also requests that Wexford Health Sources, Inc., abandon its alleged policy of requiring that inmates be seen three times in sick call before being referred to a physician and that it not charge him a $5.00 co-pay. A preliminary injunction is an exercise of a very far-reaching power to be exerted only where a case clearly demands it. Girl Scouts of Manitou Council, Inc. v. Girl Scouts of U.S.A., Inc., 549 F.3d 1079, 1085 (7th Cir. 2008). A party seeking the injunction has the burden to prove that he will suffer irreparable harm during the time prior to final resolution of his claims, the inadequacy of legal remedies available, and some likelihood of success on the merits. Ty, Inc. v. Jones Group, Inc., 237 F.3d 891, 895 (7th Cir. 2001). Here, Plaintiff fails to establish irreparable harm. This is so, as he reveals that he is receiving medical treatment and offers nothing to support his belief that he might have a cancerous growth. See Leach v. Ritz, No. 18-947, 2019 WL 1349758, at *3 (S.D. Ill. Mar. 26, 2019) ("[a]ny fear of developing cancer or permanent disfigurement is not, by itself, evidence of irreparable harm.") Furthermore, Plaintiff fails to support, at this juncture, that he has some likelihood of success on the merits of the claim, that Defendants acted with a "requisite culpable state of mind." See id. Here, Plaintiff has an adequate remedy at law through the legal process he has initiated. #4 is DENIED. (SAG, ilcd)
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TEXT ORDER entered by Judge Michael M. Mihm on 7/9/2020. Plaintiff files #3 a motion for recruitment of pro bono counsel, indicating that he has unsuccessfully sought legal representation. Plaintiff fails, however, to document any such efforts, and does not demonstrate a good faith effort to obtain counsel on his own. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). #3 is DENIED at this time. In the event that Plaintiff renews his motion, he is to provide copies of the letters sent to, and received from, prospective counsel. (SAG, ilcd)
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Filing 5
TEXT ORDER entered by Judge Michael M. Mihm on 7/8/2020. Plaintiff has filed a Complaint but has not paid the $400 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $400 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis.(SAG, ilcd)
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| Filing 4 MOTION for Preliminary Injunction by Plaintiff Ryan Hawkins. Responses due by 7/22/2020 (SAG, ilcd) |
| Filing 3 MOTION to Request Counsel by Plaintiff Ryan Hawkins. Responses due by 7/22/2020 (SAG, ilcd) |
| 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 7/28/2020. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Ryan Hawkins.(SAG, ilcd) |
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