Hernandez v. Austin et al
| Jesus E Hernandez |
| Glenn Austin, . Payne, . Goodman, . Blain, John Doe, . Holiday, . Throbridge and Wexford Health Solutions |
| 3:2022cv03024 |
| February 11, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 6, 2022. A more recent docket listing may be available from PACER.
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| Filing 10 NOTICE of Change of Address to Centralia Correctional Center by Jesus E Hernandez (KE) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Jesus E Hernandez. Glenn Austin waiver sent on 3/11/2022, answer due 5/10/2022;. Blain waiver sent on 3/11/2022, answer due 5/10/2022;. Goodman waiver sent on 3/11/2022, answer due 5/10/2022;. Payne waiver sent on 3/11/2022, answer due 5/10/2022. (KE) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Glenn Austin, Payne, Goodman, Blain, Holiday on 3/11/2022. (Attachments: #1 Waiver Holiday, #2 Waiver Goodman, #3 Waiver Blain, #4 Waiver Austin)(KE) |
Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 3/11/2022. See written order. (KE)
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 3/11/2022. 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: (1) a failure to protect claim against Defendants Warden Austin, Lt. Payne, Lt. Goodman, Investigator Blain, and Officer Holiday and (2) a deliberate indifference claim to his serious medical needs against Defendant Officer John Doe. 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 Warden Austin, Lt. Payne, Lt. Goodman, Investigator Blain, and Officer Holiday pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss Defendants Throbridge, Wexford Health Sources, Inc., and Nurse Doe because Plaintiff's Complaint fails to state a claim against these Defendants upon which relief can be granted. 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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| Filing fee: $ 402, receipt number 24626010462 (JMB) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/14/2022. Plaintiff's motion to proceed in forma pauperis #3 is DENIED. Plaintiff's application to proceed in forma pauperis and his prison trust fund ledgers reveal that he possesses $637.97 in his prison trust fund account. Therefore, Plaintiff possesses the funds necessary to pay the $402.00 filing fee, in full, at the beginning of the case, and those funds justify the Court denying his motion for leave to proceed IFP. Plaintiff must pay the $402.00 filing fee, in full, within twenty-one (21) days from the date of this Order, or the Court will dismiss this case. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/14/2022. 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. (KB)
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| Filing 5 MOTION to Request Counsel by Plaintiff Jesus E Hernandez. Responses due by 2/25/2022 (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Jesus E Hernandez. (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Jesus E Hernandez.(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 3/3/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Jesus E Hernandez. (Attachments: #1 Exhibits, #2 Cover Letter, #3 Envelope)(KE) |
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