Plowman v. Baker et al
| Steven Plowman |
| Melissa Baker, Wexford Health Sources Inc, Bommiasami Veerasikku, . Funk, . Jenny, . Godfrey, John/Jane Does, Arthur Funk and Tammy Godfrey |
| 4:2024cv04080 |
| May 3, 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 |
| Defendant |
Docket Report
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This docket was last retrieved on June 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 22 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by. Funk,. Godfrey, Wexford Health Sources Inc.(VanRheeden, James) |
| Filing 21 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by. Funk,. Godfrey, Wexford Health Sources Inc. (VanRheeden, James) |
| Filing 20 Designation of Lead Counsel by James D VanRheeden on behalf of. Funk,. Godfrey, Wexford Health Sources Inc. (VanRheeden, James) |
| Filing 19 DEMAND for Trial by Jury by. Funk,. Godfrey, Wexford Health Sources Inc. (VanRheeden, James) |
| Filing 18 NOTICE of Appearance of Attorney by James D VanRheeden on behalf of. Funk,. Godfrey, Wexford Health Sources Inc (VanRheeden, James) |
| Filing 17 WAIVER of Service of Summons by. Godfrey. (VanRheeden, James) |
| Filing 16 WAIVER of Service of Summons by. Funk. (VanRheeden, James) |
| Filing 15 WAIVER of Service of Summons by Wexford Health Sources Inc. (VanRheeden, James) |
TEXT ORDER Entered by Judge Colin Stirling Bruce on 6/13/24. Plaintiff's motion to correct #14 is DENIED. Plaintiff has filed the instant motion asking the Court to allow him to change the name of one of the party Defendants from "Nurse Jenny" to "Nurse Jill." However, the Court does not accept piecemeal amendments to pleadings. If he desires to amend his Complaint to add a Defendant, to add a claim, or to substitute a Defendant, Plaintiff should file a motion seeking leave to do so in which he identifies the changes that he desires to make in his Complaint. In addition, Plaintiff should attach a complete, proposed amended complaint that, if granted leave to file, will completely replace his original Complaint and will stand on its own without reference to or reliance upon his Original Complaint. Flannery v. Recording Indus. Assn of Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). The proposed Amended Complaint should explain what any and all Defendants did or did not do, including the proposed new Defendant(s), and why their actions or inactions violated Plaintiffs constitutional rights. Finally, the Court is unsure whether it will be able to effect service of process based only on Nurse Jenny or Nurse Jill's first name. Therefore, Plaintiff should endeavor, during the discovery period, to identify the correct individual by last name so that he may amend his complaint to add the correct person and so that the Court may effect service on the correct person (ANW)
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 6/13/24. Plaintiff's motion to request counsel #13 is DENIED. The Court does not possess the authority to require an attorney to accept pro bono appointments on civil cases such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). The most that the Court may do is to ask for volunteer counsel. Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). In deciding whether to recruit counsel for a pro se litigant, the Court must determine, "given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt, 503 F.3d at 654-55. The Court has not yet effected service of process on all of the Defendants; Defendants have not yet filed an answer; and the Court has not yet entered a Scheduling Order. Therefore, there is nothing currently for Plaintiff to do, and there is no reason to expend the very limited resource of recruited counsel in this case at this stage of the litigation. (ANW)
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| Filing 14 MOTION to Correct Party Name by Plaintiff Steven Plowman. Responses due by 6/26/2024. (JPL) |
| Filing 13 MOTION to Request Counsel by Plaintiff Steven Plowman. Responses due by 6/26/2024. (JPL) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Steven Plowman. Melissa Baker waiver sent on 5/31/2024, answer due 7/30/2024;. Jenny waiver sent on 5/31/2024, answer due 7/30/2024. (KE) |
| Filing fee: $ 350, receipt number 200001236. (BMG) |
| Filing 11 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Melissa Baker, Funk, Godfrey, Jenny, Bommiasami Veeraskikku, Wexford Health Sources Inc on 5/31/2024. (Attachments: #1 Veerasikku Waiver, #2 Jenny Waiver, #3 Godfrey Waiver, #4 Funk Waiver, #5 Baker Waiver)(KE) |
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Filing 10
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 5/31/2024. See written order. (KE)
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Filing 9
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 5/31/2024. 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 against the individually named Defendants for acting with deliberate indifference towards his serious medical needs in violation of his Eighth Amendment rights and (2) a Monell claim against Defendant Wexford Health Sources, Inc. 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 pursuant to the Court's standard procedures. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See written order. (KE)
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 5/13/2024. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $23.42. 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 6/12/2024. (KE)
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| Filing 8 +++ PRISONER TRUST FUND LEDGER by Steven Plowman. (DS) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 5/6/2024. Plaintiff's motion to be exempt from the Court's electronic filing requirement #6 is GRANTED. Plaintiff is currently in the Illinois Department of Correction's East Moline Correctional Center. East Moline does not offer electronic filing with the Court. Therefore, Plaintiff is exempt from filing his motions and pleadings with the Court. However, if during the pendency of this case Plaintiff is transferred to an IDOC facility that has the capability of electronically filing with the Court, Plaintiff must use that facility's electronic filing capability. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 5/6/2024. 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 7 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 5/17/2024. (KE) |
| Filing 6 MOTION to be Exempt from E-Filing by Plaintiff Steven Plowman. Responses due by 5/17/2024 (KE) |
| Filing 5 MOTION to Request Counsel by Plaintiff Steven Plowman. Responses due by 5/17/2024 (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Steven Plowman (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Steven Plowman.(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 5/23/2024. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Steven Plowman. (Attachments: #1 Exhibits, #2 Envelope)(KE) |
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