Stewart v. Larson et al
| Aaron Stewart, Jr |
| . Young, Wexford Regional Director, Kim Larson and Amy Burke |
| 2:2020cv02309 |
| November 2, 2020 |
| US 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 December 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 16 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Dr. Young on 12/28/2020. (KE, ilcd) |
Filing 15
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Sue E. Myerscough on 12/28/2020. See written order. (KE, ilcd)
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Filing 14
MERIT REVIEW ORDER entered by Judge Sue E. Myerscough on 12/28/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff states an Eighth Amendment claim against Dr. Young for deliberate indifference to Plaintiff's serious medical needs. This case proceeds solely on the claim 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. Defendants Larsen, Burke, and John Doe are dismissed for failure to state a claim against them. The clerk is directed to terminate Defendants Larsen, Burke, and John Doe. Plaintiff's motion to expedite the merit review process and for a ruling on his motion for a temporary restraining order is moot. #13 . The Court has already ruled on the motion for temporary restraining order, and this order concludes the merit review process. 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 Defendant Young 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 13 MOTION to Expedite entry of Merit Review Order and MOTION for Ruling On Motion for TRO by Plaintiff Aaron Stewart, Jr. Responses due by 12/29/2020 (MAS, ilcd) |
| Prisoner Initial Partial Filing Fee received 12/2/2020, in the amount of $33.91; receipt number 14626039136. (JS, ilcd) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 11/18/2020. Plaintiff's motion to reconsider the Court's 11/4/20 text order denying Plaintiff's motion for a temporary restraining order is denied for the reasons set forth in the 11/4/20 text order. #11 . After Plaintiff has paid his initial partial filing fee, a merit review order will be entered sending this case for service. (KE, ilcd)
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| Filing 12 Request for e-filed copy regarding #11 MOTION for Reconsideration by Aaron Stewart, Jr (MAS, ilcd) |
| Filing 11 MOTION for Reconsideration of Text Order entered on 11/4/2020 denying Motion to Request Counsel, Motion for Preliminary Injunction and Motion for TRO by Plaintiff Aaron Stewart, Jr. Responses due by 11/30/2020 (MAS, ilcd) (MAS, ilcd). |
| Filing 10 +++ PRISONER TRUST FUND LEDGER by Aaron Stewart, Jr. (KE, ilcd) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Sue E. Myerscough on 11/5/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $33.91. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court within 30 days of this order. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall 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, including gifts. 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. Plaintiff is ultimately responsible for ensuring that the initial partial filing fee and required monthly payments are made. Failure to do so may result in dismissal of this case. 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, and to Plaintiff. Prisoner Prepayment due by 12/7/2020 (KE, ilcd)
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TEXT ORDER entered by Judge Sue E. Myerscough on 11/4/2020. Plaintiff alleges that he is being denied treatment for pancreatitis, colon issues, pulmonary fibrosis and hepatitis C. Plaintiff has filed some medical records, but those records do not support the conclusion that Plaintiff needs immediate medical care. A lung x-ray from 2018 states the Plaintiff had mild interstitial fibrosis in his left lung but was otherwise normal. [1-1, p. 26.] Plaintiff's prostate specific antigen test was high [1-1, p. 6], but Plaintiff seems to admit in his complaint that approval was obtained for an outside consult on that issue. The Court does not see in the records a diagnosis of pancreatitis or a colon problem. As for Plaintiff's Hepatitis C, the record plaintiff circled appears to be an explanation of what various test levels mean, not what Plaintiff's test level is. [1-1, p. 7.] Additionally, Plaintiff does not set forth his fibrosis level. The Seventh Circuit has determined that the IDOC policy of waiting to treat Hepatits C until fibrosis level 2 and other markers are present is constitutional. Orr v. Shicker, 953 F.3d 490 (7th Cir. 2020). Plaintiff's motion for a temporary restraining order/preliminary injunction is denied. #6 . Plaintiff's motion for pro bono counsel is also denied. #5 . Plaintiff has extensive litigation experience, having pursued over 20 cases in the Northern District of Illinois. Plaintiff's pleadings are cogent and demonstrate knowledge of the applicable law and civil procedure. On this record, the deliberate indifference inquiry does not appear so complex that an attorney or expert is required. On this record and at this stage, Plaintiff appears competent to proceed pro se. On a separate matter, Plaintiff's motion for leave to file one copy is moot. #8 . If this case is sent for service, Plaintiff will not be required to send copies of his motions to defendants. Plaintiff's filing of a motion through the electronic scanner will serve as notice to defendants. A merit review order will enter separately. (KE, ilcd)
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| Filing 9 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) |
| Filing 8 MOTION for Leave to File One Copy by Plaintiff Aaron Stewart, Jr. Responses due by 11/16/2020 (KE, ilcd) |
| Filing 7 MEMORANDUM in Support re #6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Plaintiff Aaron Stewart, Jr. (KE, ilcd) |
| Filing 6 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Plaintiff Aaron Stewart, Jr. Responses due by 11/16/2020 (KE, ilcd) |
| Filing 5 MOTION to Request Counsel by Plaintiff Aaron Stewart, Jr. Responses due by 11/16/2020 (KE, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Aaron Stewart, Jr. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Aaron Stewart, Jr.(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 11/23/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Aaron Stewart. (Attachments: #1 Exhibits, #2 Envelope)(KE, ilcd) |
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