Brown v. Hackney et al
| Reginald Earl Brown |
| Katie Hackney, Abdur Nawoor, George Duncan, . Gonzales, . Wainscott, . Miller, Zack Naylor and Wexford Health Sources |
| 3:2021cv03197 |
| September 7, 2021 |
| 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 October 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 11 WAIVER OF SERVICE Returned Executed by Reginald Earl Brown. Abdur Nawoor waiver sent on 9/20/2021, answer due 11/19/2021. (KE) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 10/5/2021. Plaintiff's motion to request counsel #10 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). The United States Court of Appeals for the Seventh Circuit has explained that, in deciding whether to recruit counsel for a plaintiff, a district court must determine: "(1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt, 503 F.3d at 654-55. Here, Plaintiff has stated that he has attempted, unsuccessfully, to find counsel on his own. However, Plaintiff has offered no evidence to show that he is not competent to litigate this case himself. Plaintiff simply claims that he does not know how to litigate this case. The Court is aware of the constraints upon pro se prisoner plaintiffs and is willing to grant the additional time that Plaintiff needs, as necessary, in order to comply with the Court's deadlines and the Federal Rules' deadlines. In addition, the Court will, at some point in the future, enter a Scheduling Order that should assist Plaintiff in knowing how to proceed in this case. Finally, Defendant has not yet been served and has not yet filed an answer or appeared through counsel. Therefore, there is nothing for Plaintiff to do at this stage of the litigation, and there is no reason for the Court to expend the very limited resource of volunteer counsel at this stage of the case because Plaintiff has not demonstrated that he is incompetent to litigate this case himself at this stage of the litigation. (KE)
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| Filing 10 MOTION to Request Counsel by Plaintiff Reginald Earl Brown. Responses due by 10/18/2021 (KE) |
| Prisoner Initial Partial Filing Fee received 10/1/2021, in the amount of $ 69.78; receipt number 14626041655. (AH) |
| Filing 9 Exhibit re #1 Complaint by Reginald Earl Brown. (KE) |
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Filing 8
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 9/20/2021. See written order. (KE)
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| Filing 7 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Abdure Nawoor on 9/20/2021. (KE) |
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 9/20/2021. 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 to his serious medical condition in violation of his Eighth Amendment rights against Defendant Dr. Abdur Nawoor. 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. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed dismiss all other named Defendants because Plaintiff's Complaint fails to state a claim against them upon which relief can be granted. 28 U.S.C. Sec 1915A; Fed. R. Civ. Pro. 12(b)(6). Finally, the Clerk is directed to attempt service on Dr. Abdur Nawoor pursuant to the Court's standard procedures. See written order. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 9/9/2021. 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. (SAG)
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 9/8/2021. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $56.78. 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 10/8/2021. (KE)
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| Filing 5 MOTION to Request Counsel by Plaintiff Reginald Earl Brown. Responses due by 9/21/2021 (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Reginald Earl Brown. (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Reginald Earl Brown.(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 9/27/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Reginald Earl Brown. (Attachments: #1 Exhibits, #2 Envelope)(KE) |
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