Fagan v. Admire et al
| Cordell Fagan |
| Beau Admire, John Baldwin, John Doe, Stephanie Dorethy, . Jones, . Stewart, . Scheland, Wexford Health Sources Inc, . Baker, Internal Affairs Unit, John Does, Rob Jeffreys and J B Pritzker |
| 4:2020cv04145 |
| July 2, 2020 |
| U.S. 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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| Filing 11 WAIVER OF SERVICE Returned Executed by Cordell Fagan. Stephanie Dorethy waiver sent on 7/13/2020, answer due 9/11/2020. (DS, ilcd) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 8/12/2020. Plaintiff's motion to dismiss #10 is GRANTED. Accordingly, Defendant Rob Jeffreys is DISMISSED voluntarily pursuant to Federal Rule of Civil Procedure 41 and Plaintiff's motion. (KE, ilcd)
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| Filing 10 MOTION to Voluntarily Dismiss Defendant Rob Jeffreys by Plaintiff Cordell Fagan. Responses due by 8/25/2020. (DS, ilcd) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Cordell Fagan. John Baldwin waiver sent on 7/13/2020, answer due 9/11/2020; Rob Jeffreys waiver sent on 7/13/2020, answer due 9/11/2020. (DS, ilcd) |
| Prisoner Initial Partial Filing Fee received 7/21/2020, in the amount of $25.32; receipt number 14626038109 (JRK, ilcd) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Beau Admire, Baker, John Baldwin, Stephanie Dorethy, Rob Jeffreys, Jones, J B Pritzker, Scheland, Stewart on 7/13/2020. (Attachments: #1 Waiver Scheland, #2 Waiver Pritzker, #3 Waiver Jones, #4 Waiver Jeffreys, #5 Waiver Dorethy, #6 Waiver Baldwin, #7 Waiver Baker, #8 Waiver Admire)(KE, ilcd) |
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Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 7/13/2020 See written order. (KE, ilcd)
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 7/13/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states four claims: (1) an excessive force claim against Defendants Admire, Baker, Jones, Stewart, and John Doe; (2) an intentional infliction of emotional distress claim under Illinois law against Defendants Admire, Baker, Jones, Stewart, and John Doe; (3) a deliberate indifference to his serious medical needs against Defendants Admire, Baker, Jones, Stewart, John Doe, and Scheland; and (4) a Monell claim against Defendants Jeffrey, Pritzker, Baldwin, and Dorethy. 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 enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to dismiss Defendant Internal Affairs Unit because it is not a person who is amenable to suit under 42 U.S.C. Sec 1983. The Clerk is directed to attempt service on all other Defendants pursuant to the Court's standard procedures. Finally, Plaintiff should pay the initial, partial filing fee of $25.32 that the Court imposed in this case. Plaintiff should pay this fee within thirty (30) days from the date of this Order. If Plaintiff fails to timely pay this fee, the Court will dismiss this case. See written order. (KE, ilcd)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 7/6/2020. 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, ilcd)
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| Filing 5 MOTION to Request Counsel by Plaintiff Cordell Fagan. Responses due by 7/16/2020 (Attachments: #1 Exhibits)(KE, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Cordell Fagan. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Cordell Fagan.(KE, ilcd) |
| 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 7/22/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Cordell Fagan. (Attachments: #1 Exhibit)(KE, ilcd) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 7/2/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $25.32. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to 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. 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. (KE, ilcd)
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