Sain v. Marcowitz et al
| Timothy Sain |
| Wexford Inc, David Marcowitz and Debbie Fuqua |
| 4:2021cv04074 |
| April 19, 2021 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| 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 May 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 NOTICE of Appearance of Attorney by Bradley James Taylor on behalf of David Marcowitz (Taylor, Bradley) |
| Filing 8 WAIVER OF SERVICE Returned Executed by David Marcowitz. David Marcowitz waiver sent on 4/30/2021, answer due 6/29/2021. (Taylor, Bradley) |
| Prisoner Initial Partial Filing Fee received 5/3/2021, in the amount of $ 3.33; receipt number 24626009995. (BMG) |
| Filing 7 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Debbie Fuqua and David Marcowitz on 4/30/2021. (Attachments: #1 Waiver Fuqua)(KE) |
Filing 6
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 4/30/2021. See written order. (KE)
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Filing 5
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 4/30/2021. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states a Due Process medical claim against Defendants David Marcowitz and Debbie Fuqua. 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 is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to attempt service on Defendants Marcowitz and Fuqua pursuant to the Court's standard procedures. The Clerk of further directed to dismiss Defendant Wexford, Inc., because Plaintiff's Complaint fails to state a claim against Wexford upon which relief can be granted. Fed. R. Civ. Pro. 12(b)(6). Plaintiff's motion to proceed in forma pauperis #3 GRANTED. Plaintiff should pay the initial, partial filing fee of $6.67 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)
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| Set/Reset Deadlines: Prisoner Prepayment due by 5/19/2021 (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Timothy Sain. (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Timothy Sain.(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 5/10/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Timothy Sain. (Attachments: #1 Scanning Page)(KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/19/2021. 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 $402 filing fee). Income includes all deposits from any source. Plaintiff Timothy Sain 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 $6.67. Plaintiff is ordered to send an institutional check or money order in the amount of $3.33, 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. (KE)
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