Ford v. Ek et al
| Hundley Ford, Jr |
| Jonathan Ek, Jennifer Chacon and Michelle Babb |
| 2:2024cv02044 |
| February 14, 2024 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 12, 2024. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/12/2024. Plaintiff's motion to request counsel #20 is DENIED. The Court does not possess the authority to require an attorney to accept pro bono appointments on civil cases such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). The most that the Court may do is to ask for volunteer counsel. Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). In deciding whether to recruit counsel for a pro se litigant, the Court must determine, "given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt, 503 F.3d at 654-55. Plaintiff has offered no reason why he is incapable of litigating this case himself; he simply asks for counsel based upon his ignorance of the law. However, being unfamiliar with the legal process alone is not a reason for the Court to recruit counsel. More importantly, the Court has not yet effected service of process on all of the Defendants; Defendants have not yet filed an answer; and the Court has not yet entered a Scheduling Order. Therefore, there is nothing currently for Plaintiff to do, and therefore, there is no reason to expend the very limited resource of recruited counsel in this case at this stage of the litigation. (SAG)
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| Filing 20 MOTION to Request Counsel by Plaintiff Hundley Ford, Jr. Responses due by 4/25/2024. (Attachments: #1 Attachments)(BMG) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Hundley Ford, Jr as to Michelle Babb. (BMG) |
| Filing 18 NOTICE of Appearance of Attorney by Victor Franklin Price on behalf of Michelle Babb (Price, Victor) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Michelle Babb. Michelle Babb waiver sent on 2/23/2024, answer due 4/23/2024. (Tengesdal, Robert) |
| Filing 16 NOTICE of Appearance of Attorney by Robert Steven Tengesdal on behalf of Michelle Babb (Tengesdal, Robert) |
| Prisoner Initial Partial Filing Fee received 3/19/2024, in the amount of $ 16.37; receipt number 200001111. (BMG) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Hundley Ford, Jr. Jennifer Chacon waiver sent on 2/23/2024, answer due 4/23/2024. (KE) |
| Filing 14 NOTICE of Appearance of Attorney by Victor Franklin Price on behalf of Jonathan Ek (Price, Victor) |
| Filing 13 NOTICE of Appearance of Attorney by Robert Steven Tengesdal on behalf of Jonathan Ek (Tengesdal, Robert) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/29/2024. Plaintiff's motion to request counsel #12 is DENIED. The Court does not possess the authority to require an attorney to accept pro bono appointments on civil cases such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). The most that the Court may do is to ask for volunteer counsel. Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). In deciding whether to recruit counsel for a pro se litigant, the Court must determine, "given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt, 503 F.3d at 654-55. Plaintiff has offered no reason why he is incapable of litigating this case himself; he simply asks for counsel. However, the Court has not yet effected service of process on all of the Defendants; Defendants have not yet filed an answer; and the Court has not yet entered a Scheduling Order. Therefore, there is nothing currently for Plaintiff to do, and therefore, there is no reason to expend the very limited resource of recruited counsel in this case at this stage of the litigation. (KE)
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| Filing 12 MOTION to Request Counsel by Plaintiff Hundley Ford, Jr. Responses due by 3/13/2024. (BMG) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Hundley Ford, Jr. Jonathan Ek waiver sent on 2/23/2024, answer due 4/23/2024. (KE) |
| Filing 10 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Jonathan Ek, Jennifer Chacon, Michelle Babb on 2/23/2024. (Attachments: #1 Chacon Waiver, #2 Babb Waiver)(KE) |
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Filing 9
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 2/23/2024. See written order. (KE)
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Filing 8
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 2/23/2024. Pursuant to its merit review of the proposed amended complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states a claim against Defendants Jonathan Ek, Jennifer Chacon, and Michelle Babb for acting with deliberate indifference towards Plaintiff's serious medical needs in violation of his Eighth Amendment rights. Any additional claims shall not be included in the case, except atthe Court's discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. The Clerk of the Court is directed to attempt to effect service of process on these Defendants pursuant to the Court's standard procedures. The Clerk need not add Wexford Health Sources, Inc., as a Defendant, nor does the Clerk need to effect service on Wexford. The Clerk of the Court is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See written order. (KE)
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 2/22/2024. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $13.64. 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. 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 3/25/2024. (KE)
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| Filing 7 +++ PRISONER TRUST FUND LEDGER by Hundley Ford, Jr. (BMG) |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 2/16/24. Plaintiff's motion to request counsel #5 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a review of the complaint. Plaintiff may renew his motion if his claim survives that review that the Court will conduct in the near future. (ANW)
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| Filing 6 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 2/29/2024. (KE) |
| Filing 5 MOTION to Request Counsel by Plaintiff Hundley Ford, Jr. Responses due by 2/28/2024 (Attachments: #1 Exhibit)(KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Hundley Ford, Jr (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Hundley Ford, Jr.(KE) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 3/5/2024. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Hundley Ford, Jr. (Attachments: #1 Exhibits)(KE) |
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