Delavega v. Cox et al
| Leonardo Delavega |
| Ashley Cox, Frank Catino, Kathy Ashcraft, Zorian Trusewych, Brittany Greene, Richard Cook, . Kirkham, . Day, . Reif, . Whitney, . Render, John Doe, Jane Doe, I, Jane Doe, II, Illinois Department of Corrections, John/Jane Does and Erin Day |
| 3:2024cv03087 |
| April 16, 2024 |
| U.S. 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 June 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 NOTICE of Appearance of Attorney by Andrew M Ramage on behalf of. Kirkham (Ramage, Andrew) |
| Filing 23 NOTICE of Appearance of Attorney by Andrew M Ramage on behalf of Zorian Trusewych (Ramage, Andrew) |
| Filing 22 NOTICE of Appearance of Attorney by Loraina Rose Trujillo on behalf of. Kirkham (Trujillo, Loraina) |
| Filing 21 NOTICE of Appearance of Attorney by Loraina Rose Trujillo on behalf of Zorian Trusewych (Trujillo, Loraina) |
| Set/Reset Deadlines: Zorian Trusewych answer due 7/15/2024 per 6/3/2024 Waiver of Summons Return. (BL) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Leonardo Delavega. Brittany Greene waiver sent on 5/15/2024, answer due 7/15/2024;. Kirkham waiver sent on 5/15/2024, answer due 7/15/2024;. Render waiver sent on 5/15/2024, answer due 7/15/2024. (Attachments: #1 Executed Waiver Greene, #2 Executed Waiver Kirkham)(KE) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Leonardo Delavega. Zorian Trusewych waiver sent on 5/15/2024, answer due 7/15/2024. (BL) Modified on 6/7/2024 to correct service date and amend answer date. (BL) |
| Set/Reset Deadlines: Frank Catino answer due 7/14/2024; Ashley Cox answer due 7/14/2024; Day answer due 7/14/2024. (RAH) |
| Filing 18 WAIVER by Ashley Cox. (Trujillo, Loraina) |
| Filing 17 WAIVER by. Day. (Trujillo, Loraina) |
| Filing 16 WAIVER by Frank Catino. (Trujillo, Loraina) |
| Filing 15 NOTICE of Appearance of Attorney by Loraina Rose Trujillo on behalf of Ashley Cox (Trujillo, Loraina) |
| Filing 14 NOTICE of Appearance of Attorney by Loraina Rose Trujillo on behalf of Frank Catino (Trujillo, Loraina) |
| Filing 13 NOTICE of Appearance of Attorney by Loraina Rose Trujillo on behalf of. Day (Trujillo, Loraina) |
| Filing 12 NOTICE of Appearance of Attorney by Andrew M Ramage on behalf of Ashley Cox (Ramage, Andrew) |
| Filing 11 NOTICE of Appearance of Attorney by Andrew M Ramage on behalf of Frank Catino (Ramage, Andrew) |
| Filing 10 NOTICE of Appearance of Attorney by Andrew M Ramage on behalf of. Day (Ramage, Andrew) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 5/20/2024. The Court has learned from the litigation coordinator at the Western Illinois Correctional Center that the IDOC does not employ an individual by the name Richard Cook at Western Illinois, nor does the IDOC employ someone by the name Whitney at Western Illinois. Accordingly, the Clerk of the Court is directed to dismiss Defendant Richard Cook and Defendant Whitney as Defendants in this case. Plaintiff should consider these two individuals as John Doe or Jane Doe Defendants. Plaintiff should use the time for discovery (as will be explained more fully in the Court's Scheduling Order) to learn the identities of these two individuals. Once he does, Plaintiff should file a motion seeking leave to file an amended complaint in which he names these two as Defendants by their proper, correct names. (KE)
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| Filing 9 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Frank Catino, Ashley Cox, Kathy Ashcraft, Kirkham, Zorian Truswych, Brittany Greene, Richard Cook, Day, Reif, Whitney, Render on 5/15/2024. (Attachments: #1 Trusewych Waiver, #2 Cook Waiver, #3 Render Waiver, #4 Reif Waiver, #5 Kirkham Waiver, #6 Greene Waiver, #7 Day Waiver, #8 Cox Waiver, #9 Catino Waiver, #10 Ashcraft Waiver)(KE) |
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Filing 8
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 5/15/2024. See written order. (KE)
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Filing 7
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 5/15/2024. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states two claims: (1) a claim for deliberate indifference towards his serious medical/dental needs against the individually named Defendants in violation of his Eighth Amendment rights and (2) a negligence claim under Illinois law against Defendants Catino, Cox, Ashcraft, Kirkham, Trusewych, and Greene. 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 of the Court is directed to attempt service of process upon the individually named Defendants pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss the Illinois Department of Corrections because the IDOC is immune from this suit under 42 U.S.C. Sec 1983. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Plaintiff's motion to supplement #6 is DENIED. The Court has found that Plaintiff's Complaint states a claim upon which relief can be granted, and therefore, supplementation to his Complaint is unnecessary at this time. See written order. (KE)
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| Prisoner Initial Partial Filing Fee received 4/26/2024, in the amount of $ 42.02; receipt number 300001275. (MJC) |
| Filing 6 MOTION to File Supplemental Exhibits by Plaintiff Leonardo Delavega. Responses due by 5/9/2024.(BL) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/17/2024. 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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| Filing 5 MOTION to Request Counsel by Plaintiff Leonardo Delavega. Responses due by 4/30/2024 (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Leonardo Delavega (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Leonardo Delavega.(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 5/6/2024. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Leonardo Delavega.(KE) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 4/16/2024. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $42.02. 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 5/16/2024. (KE)
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