Ainley v. Liberty Health Care Corporation et al
| Tony Ainley |
| Liberty Health Care Corporation, . Perez, Shan Jumper and Gregg Scott |
| 4:2020cv04252 |
| December 2, 2020 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 19, 2021. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge James E. Shadid on 1/19/2021. This case was opened on December 2, 2020, after Judge Colin Bruce entered an order in Speagle v. Liberty Health Care, Case No. 20-4175, severing the three Plaintiff's claims into three separate lawsuits #4 . The case before the Court is Ainely v. Liberty Health Care, Case No. 20-4252. According to the December 2, 2020, order, Plaintiff Ainely has alleged two Fourteenth Amendment claims against four Defendants at Rushville Treatment and Detention Center. Plaintiff alleges: (1) Defendants Liberty Health Care Corporation, Shan Jumper, and Gregg Scott failed to provide mental health counseling; and (2) Defendant Perez violated his constitutional rights based on conditions of confinement when he failed or refusal to take COVID-19 precautions #4 . In addition, the Court noted on August 27, 2020, Plaintiff was directed to pay a reduced filing fee of $7.82. See Speagle v. Liberty Health Care, Case No. 20-4175, August 27, 2020, Text Order. Plaintiff was directed to either pay the fee in 14 days or file a motion to waive the fee and demonstrate good cause for the waiver. Plaintiff has taken no action. Therefore, the Court will allow a brief extension of time. Plaintiff must either pay the reduced filing fee of $7.82 on or before February 2, 2021, or show good cause why the fee should be waived. If Plaintiff again ignores the Court's order, his case will be dismissed. In addition, the Clerk of the Court is directed to file the order accessing the reduced fee in this case for clarification of the record. See Speagle v. Liberty Health Care, Case No. 20-4175, August 27, 2020, Text Order.(SAG, ilcd)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 8/27/2020 in case number 20-4175. This Court has instituted a reduced filing fee procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment will be assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $400 filing fee). Income includes all deposits from any source. Plaintiff Tony Ainley is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. Plaintiff's ledgers for the past six months show an average monthly income of $15.63. Plaintiff is ordered to send an institutional check or money order in the amount of $7.82, payable to Clerk, U.S. District Court within 30 days from the date of this order. The reduced fee may be waived if the plaintiff, within 14 days of this order, files a motion to waive the fee and demonstrates good cause for such waiver.(SAG, ilcd)
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Filing 5
ORDER entered by Judge Colin Stirling Bruce on 12/2/2020. The Clerk is directed to sever Plaintiff Tommy Marshall and Plaintiff Tony Ainley from this case and to open separate cases for each Plaintiff with this Court. In addition to filing the Complaint in each case, the Clerk should docket this Order in the newly severed cases. The Clerk should also docket Plaintiff Ainley's motion for leave to proceed in forma pauperis in his case and show that motion as pending. Plaintiff Ainley must pay the fee imposed by this Court. Plaintiff Marshall must either move for leave to proceed IFP or pay the filing fee. If either Plaintiff fails to do so, the Court may dismiss his cases. See written order. (KE, ilcd)
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| Filing 4 +++ PRISONER TRUST FUND LEDGER by Tony Ainley. (KE, ilcd) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Tony Ainley. Responses due by 12/16/2020 (KE, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. Effective immediately, all documents should be mailed or scanned to the Peoria Division,100 NE Monroe Street,Peoria,IL 61602.Merit Review Deadline set for 12/22/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Tony Ainley.(KE, ilcd) |
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