LuJano v. Tilden et al
| Adam LuJano |
| . Hays, John Doe, II, Andrew Tilden, John Doe, Wexford Health Sources Inc, Zorian Trusewych, Justin Hammers and Kathy Ashcraft |
| 3:2020cv03279 |
| October 16, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 2020. A more recent docket listing may be available from PACER.
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| Filing 16 NOTICE of Appearance of Attorney by Dylan Grady on behalf of Andrew Tilden, Zorian Trusewych (Grady, Dylan) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 12/1/2020. Plaintiff's motion to reconsider #15 is DENIED. As the Court explained in its Merit Review Order, Plaintiff cannot seek to hold a prison official liable simply because that person is "in charge." Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir. 2010). Likewise, Plaintiff cannot seek to hold a prison official liable simply because he processed, was aware of, or denied Plaintiff's grievance. Henderson v. Wexford Healthcare Serv., 2020 WL 3414951, * 3 (N.D. Ill. June 22, 2020). Plaintiff has offered no new arguments with which to convince the Court that it erred in its Merit Review Order. Likewise, Plaintiff has not sought to amend his Complaint to add any new factual allegations. Accordingly, Plaintiff's motion is denied. (KE, ilcd)
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| Filing 15 MOTION for Reconsideration re #8 Merit Review Order by Plaintiff Adam LuJano. Responses due by 12/14/2020 (SKR, ilcd) |
| Prisoner Initial Partial Filing Fee received 11/19/2020, in the amount of $ 23.00; receipt number 14626039079 (SAG, ilcd) |
| Filing 14 CERTIFICATE of Service/Counsel Certificate of Filing and Service of Subpoenas by Andrew M Ramage on behalf of Andrew Tilden, Zorian Trusewych (Ramage, Andrew) |
| Filing 13 NOTICE of Appearance of Attorney by Andrew M Ramage on behalf of Andrew Tilden (Ramage, Andrew) |
| Filing 12 NOTICE of Appearance of Attorney by Andrew M Ramage on behalf of Zorian Trusewych (Ramage, Andrew) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Adam LuJano. Zorian Trusewych waiver sent on 11/2/2020, answer due 1/4/2021. (KE, ilcd) |
| Filing 10 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Andrew Tilden and Zorian Trusewych on 11/2/2020. (Attachments: #1 Waiver Tilden)(KE, ilcd) |
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Filing 9
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 11/2/2020. See written order. (KE, ilcd)
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Filing 8
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 11/2/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states a claim for deliberate indifference towards his serious medical needs in violation of his Eighth Amendment rights against Defendants Andrew Tilden and Zorian Trusewych. Any additional claim(s) 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. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to attempt service on Defendants Andrew Tilden and Zorian Trusewych pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss all other named Defendants because Plaintiff's Complaint fails to state a claim against these Defendants upon which relief can be granted. Fed. R. Civ. Pro. 12(b)(6); 28 U.S.C. Sec 1915A. Plaintiff must timely pay the initial, partial filing fee of $23.17 that the Court imposed in this case. If Plaintiff fails to pay this fee timely, the Court will dismiss this case. See written order. (KE, ilcd)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/26/2020. 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 merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review that the Court will conduct in the near future. (KE, ilcd)
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| Filing 7 +++ PRISONER TRUST FUND LEDGER by Adam LuJano. (KE, ilcd) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 10/21/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $23.17. 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 11/20/2020 (KE, ilcd)
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| Filing 6 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE, ilcd) |
| Filing 5 MOTION to Request Counsel by Plaintiff Adam LuJano. Responses due by 10/28/2020 (KE, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Adam LuJano. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Adam LuJano.(KE, ilcd) |
| 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 11/3/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Adam LuJano. (Attachments: #1 Exhibits, #2 Cover Letter, #3 Envelope)(KE, ilcd) |
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