Tolbert v. Austin et al
| Devonte Tolbert |
| Glenn Austin, . Patrick, . Haman and Wexford Health Sources Inc |
| 3:2021cv03258 |
| December 6, 2021 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on January 25, 2022. A more recent docket listing may be available from PACER.
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| Filing 10 NOTICE of Appearance of Attorney by Megan E Murphy on behalf of Glenn Austin,. Haman,. Patrick (Murphy, Megan) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Devonte Tolbert. Glenn Austin waiver sent on 12/20/2021, answer due 2/18/2022;. Haman waiver sent on 12/20/2021, answer due 2/18/2022;. Patrick waiver sent on 12/20/2021, answer due 2/18/2022. (KE) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Glenn Austin, Haman, Patrick on 12/20/2021. (Attachments: #1 Waiver Haman, #2 Waiver Austin)(KE) |
Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 12/20/2021. See written order. (KE)
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 12/20/2021. Pursuant to its merit review of Plaintiff's Complaint under 28 U.S.C. Sec 1915A, the Court finds that the Complaint states two claims against Defendants Austin, Patrick, and Haman: (1) a conditions-of-confinement claim in violation of his Eighth Amendment rights and (2) a deliberate indifference toward his serious medical needs in violation of his Eighth Amendment rights. Any additional claims shall not be included in the case except at the Court's discretion and on a 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 effect service of process upon Defendants Austin, Patrick, and Haman pursuant to the Court's standard procedures. The Clerk is further directed to dismiss Defendant Wexford Health Sources, Inc., as a party Defendant because Plaintiff's Complaint fails to state a claim upon which relief can be granted against it. 28 U.S.C. Sec 1915A; Fed. R. Civ. Pro. 12(b)(6). 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 entered by Judge Colin Stirling Bruce on 12/8/2021. 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 review of the complaint. Plaintiff may renew his motion if his claim survives that review that the Court will conduct in the near future. (KE)
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 12/7/2021. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $81.34. 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 1/6/2022. (KE)
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| Filing 5 MOTION to Request Counsel by Plaintiff Devonte Tolbert. Responses due by 12/20/2021 (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Devonte Tolbert. (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Devonte Tolbert.(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 12/27/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Devonte Tolbert. (Attachments: #1 Exhibit, #2 Envelope)(KE) |
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