Huckabee v. Shoopman et al
| John Huckabee |
| Zorian Trusewych, Austin Zanger, Richard Shoopman and Wexford Health Sources Inc |
| 3:2024cv03127 |
| May 21, 2024 |
| U.S. District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 WAIVER OF SERVICE Returned Executed by John Huckabee. Richard Shoopman waiver sent on 6/24/2024, answer due 8/23/2024; Austin Zanger waiver sent on 6/24/2024, answer due 8/23/2024. (Attachments: #1 Executed Waiver Shoopman)(KE) |
| Filing 23 Exhibit re #2 Complaint by John Huckabee. (FDS) |
| Filing 22 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Dr. Zorian Trusewych on 6/27/2024. (KE) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 6/27/2024. Plaintiff's motion for leave to amend his Complaint #20 is GRANTED. Ordinarily, the Court does not accept piecemeal amendments to pleadings. Instead, the Court requires a plaintiff who wants to amend his complaint to file a motion seeking leave to amend, to which he must attach a proposed amended complaint that, if given leave to file, will completely replace his original complaint. That being said, the Court recognizes that Plaintiff is proceeding pro se, and the amendment that he seeks to make is a simple one, especially in light of the Court's Merit Review Order. Accordingly, Plaintiff's motion is granted, and the Clerk of the Court is directed to substitute Dr. Zorian Trusewych for the previously identified Defendant Dr. John Doe. The Clerk of the Court is further directed to attempt to effect service of process upon Dr. Trusewych pursuant to the Court's standard procedures. As noted in the Merit Review Order, Plaintiff's claim against Dr. Trusewych is that Dr. Trusewych acted with deliberate indifference towards Plaintiff's serious medical needs in violation of Plaintiff's Eighth Amendment rights. (KE)
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| Filing 21 CERTIFICATE OF SERVICE by John Huckabee. (BL) |
| Filing 20 MOTION for Leave to File Amended Complaint by Plaintiff John Huckabee. Responses due by 7/10/2024.(BL) |
| Filing 19 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Richard Shoopman, Austin Zanger and Wexford Health Sources Inc on 6/24/2024. (Attachments: #1 Wexford Waiver, #2 Shoopman Waiver)(KE) |
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Filing 18
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 6/24/2024. See written order. (KE)
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Filing 17
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 6/24/2024. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states three claims: (1) a claim of excessive force in violation of his Eight Amendment rights against Defendants Lieutenant Richard Shoopman and C/O Austin Zanger; (2) a claim of deliberate indifference towards his serious medical needs in violation of his Eighth Amendment rights against a John Doe Defendant (i.e., the doctor at Western Illinois who allegedly failed to treat Plaintiff'sinjuries); and (3) a Monell claim against Wexford for maintaining a policy, practice or procedure to deprive IDOC inmates of medical care in order to save costs. 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 Defendants Lt. Shoopman, C/O Zanger, and Wexford 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 Plaintiff Sec 1983 claim against it. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Plaintiff's motion for a temporary restraining order #13 is DENIED. See written order. (KE)
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| Prisoner Initial Partial Filing Fee received 6/13/2024, in the amount of $35.89; receipt number PIA100004795. (JS) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 5/31/2024. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $35.89. 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 7/1/2024. (KE)
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| Filing 16 +++ PRISONER TRUST FUND LEDGER by John Huckabee. (KLC) |
| Filing 15 Declaration in Support of Plaintiff's MOTION for Temporary Restraining Order #13 by John Huckabee. (BL) |
| Filing 14 MEMORANDUM of Law in Support of Plaintiff's MOTION for Temporary Restraining Order #13 by John Huckabee. (BL) |
| Filing 13 MOTION for Temporary Restraining Order by Plaintiff John Huckabee. Responses due by 6/7/2024. (BL) (Additional attachment(s) added on 5/24/2024: #1 Proposed Order) (BL). |
| Filing 12 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 6/4/2024. (KE) |
| Filing 11 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 6/10/2024. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 10 Case transferred in from District of Illinois Southern; Case Number 3:24-cv-01219. . |
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Filing 9
ORDER TRANSFERRING CASE TO OTHER DISTRICT: The #7 Motion to Transfer Venue is GRANTED. Case transferred to Central District of Illinois. Signed by Judge Stephen P. McGlynn on 5/20/2024. (jrj)
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| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 7 MOTION to Transfer Venue by John Huckabee. See document #6 . (jaj) |
| Filing 6 RESPONSE to 5 Order filed by John Huckabee. (jaj) |
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Filing 5
ORDER: On May 3, 2024, this case was severed from Huckabee v. Giacomo, SDIL Case No. 24-cv-1169-SMY. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay an additional $350.00 filing fee in this case. Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until June 10, 2024, to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, the Court will assess an initial partial filing fee (if appropriate) and screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. (Action due by 6/10/2024). Signed by Judge Stephen P. McGlynn on 5/6/2024. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 5/6/2024. Consent due by 5/28/2024 (kare) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by John Huckabee. (kare) Modified on 5/21/2024 to correct event. (KE). |
| Filing 2 COMPLAINT against All Defendants, filed by John Huckabee.(kare) |
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Filing 1
MEMORANDUM AND ORDER Severing Case Number 24-cv-1169-SMY. Signed by Judge Staci M. Yandle on 5/2/2024. (kare)
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