Bernard v. Schwab Rehabilitation Hospital et al
| Eric E. Bernard |
| Katherine Barrett, Fiorella Russell, Anton Chan, Schwab Rehabilitation Hospital, Angie Bury, Fabiolla Sequeira Kopp, Canan Harsha, Susmitha Dande, Monica Branch, Vince, Joseph Graham, Insurance Provider(s), Dave Wisniewski, Margaret Veale, Brigette Mellon, Michelle Gittler, Mount Sinai Hospital and Betsy Gertz |
| 1:2020cv05355 |
| September 10, 2020 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 12
ORDER :By the Chief Judge of the District Court, it is hereby ordered: An internal audit by the Court's Fiscal Department shows that as of today's date, Plaintiff owes the filing fees in nine cases: 20 C 5341 (owes $350); 20 C 5355 (owes $350), 20 C 5361 (owes $350), 20 C 5368 (owes $350), 20 C 5373 (owes $350), 20 C 5383 (owes $350), 20 C 50407 (owes $400), 20 C 50412 (owes $350), and 20 C 50413 (owes $342.83). Having filed these lawsuits or appeals, Plaintiff has incurred an "irrevocable" obligation to pay the associated filing fees. See Newlin v. Helman, 123 F.3d 429, 433 (7th Cir. 1997); 28 U.S.C. 1915(b)(1). The Court directs the trust fund officer to ensure that the foregoing amounts are collected using the mechanism of 28 U.S.C. 1915(b). Newlin, 123 F.3d at 433.Plaintiff shall pay (and the facility having custody of him shall automatically remit) to the Clerk of Court 20% of the money Plaintiff receives for each calendar month during which he receives $10.00 or more, for each case or appeal in which he still owes a filing fee, until each is paid in full. See Bruce v. Samuels, 577 U.S. 82, 89-90 (2016) (providing for simultaneous, rather than sequential, collection of filing fees); Lucien v. DeTella, 141 F.3d 773 (7th Cir. 1998) (income for purposes of calculating payments includes all deposits to a prisoner's trust fund account, including but not limited to gifts and bequests). All payments shall be sent to the Clerk of Court, United States District Court, 219 South Dearborn Street, Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor, and shall clearly identify Plaintiff's name and the case number(s) assigned to the case(s). That means that, until at least five of his filing fees are satisfied, 100% of Plaintiff's income, when it meets statutory minimums, must be devoted toward these filing fees. The Clerk is directed to docket this order in each of the cases identified above and send a copy of this order to: (1) the Fiscal Department and (2) to the trust fund officer at the facility having custody of Plaintiff. The trust fund officer shall ensure that a copy of this order is sent to each facility in which Plaintiff is housed until all of the above fees are satisfied. Signed by the Honorable Rebecca R. Pallmeyer on 1/13/2021. Forwarded the Order dated 1/13/2021 to the Court's Fiscal Department and Mailed to the Trust Fund Officer at Dixon Correctional.(mc, )
|
|
Filing 11
ORDER Signed by the Honorable John Robert Blakey on 11/20/2020: The Court grants Plaintiff's motion for voluntary dismissal #10 but denies Plaintiff's request to vacate or reduce fees. Having brought this lawsuit, Plaintiff incurred an irrevocable obligation to pay the statutory filing fee. See 28 U.S.C. 1915(b)(1); Lewis v. Sullivan, 279 F.3d 526, 529 (7th Cir. 2002) ("[E]veryone allowed to proceed in forma pauperis owes the fees and must pay when able."). The Court's finding that the original complaint failed to state a tenable federal or constitutional claim did not relieve Plaintiff of his responsibility to pay the fee. Nevertheless, because dismissal is pursuant to Fed. R. Civ. P. 41(a) rather than 28 U.S.C. 1915A, Plaintiff does avoid a Section 1915(g) "strike." Civil case terminated. Mailed notice(gel, )
|
| Filing 10 VOLUNTARY DISMISSAL and request for Court fee's to be vacated or reduced by Plaintiff Eric E. Bernard (lma, ) |
| Filing 9 EMERGENCY NOTICE/Request to Judge Blakey by Eric E. Bernard. (lma, ) |
|
Filing 8
ORDER: Plaintiff's motion for leave to proceed in forma pauperis #3 is granted. The Court waives the initial partial filing fee but authorizes and orders the trust fund officer at Plaintiff's place of incarceration to begin making monthly deductions in accordance with this order for payment to the Clerk of Court toward the $350.00 statutory filing fee. Plaintiff's trust fund officer must collect 60% of all income into his trust account until accrued filing fees are paid. The Court directs the Clerk to send copies of this order to the Court's Fiscal Department, and to the trust account office at Plaintiff's place of confinement. Summonses shall not issue at this time, however. The Court dismisses without prejudice complaint on file #1 but grants Plaintiff the opportunity to submit an amended complaint if he believes he can state facts to support a federal cause of action against a properly named Defendant. If Plaintiff fails to submit an amended complaint by December 18, 2020, the Court will dismiss this lawsuit. The Court directs the Clerk to mail Plaintiff an amended civil rights complaint form, instructions, and three blank USM-285 (Marshals service) forms. Plaintiff's motion for attorney representation #4 is denied without prejudice and his motion for service of process at government expense #5 is denied as premature. Signed by the Honorable John Robert Blakey on 11/3/2020. Mailed notice (jh, )
|
| MAILED a blank amended civil rights complaint form, instructions, and three blank USM-285 (Marshals service) forms to the Plaintiff. (jh, ) |
| MAILED Order dated 11/3/2020 to the Trust Account Office at Plaintiff's place of confinement. (jh, ) |
| Filing 7 EXECUTIVE COMMITTEE ORDER: It appearing that General Order 20-0027 was entered on September 28, 2020, identifying cases to form the initial calendar of the Hon. Franklin U. Valderrama; and It further appearing that 20 CV 05355, Bernard v. Schwab Rehabilitation Hospital et al., was included in error on the list of cases to be reassigned to the Hon. Franklin U. Valderrama from the calendar of the Hon. John Robert Blakey; therefore It is hereby ordered that the Clerk shall reassign 20 CV 05355, Bernard v. Schwab Rehabilitation Hospital et al., from Judge Valderrama to Judge Blakey; and It is further ordered that 20 CV 05247, Archey v. Osmose Utilities Services, Inc., be reassigned to Judge Valderrama from Judge Blakey as replacement for 20 CV 05355. Case reassigned to the Honorable John Robert Blakey for all further proceedings. Honorable Franklin U. Valderrama no longer assigned to the case. Signed by Executive Committee on 10/8/2020. (lma, ) |
| Filing 6 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0027: Pursuant that to the Executive Committee Order entered on September 23, 2020 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Franklin U. Valderrama; therefore IT IS HEREBY ORDERED that the attached list of 371 cases be reassigned to the Honorable Franklin U. Valderrama; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Franklin U. Valderrama's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Franklin U. Valderrama to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases. Case reassigned to the Honorable Franklin U. Valderrama for all further proceedings. Honorable John Robert Blakey no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/28/2020.(docket8, ) |
| Filing 5 MOTION by Plaintiff Eric E. Bernard for service of process at Government expense. (ph, ) |
| Filing 4 MOTION by Plaintiff Eric E. Bernard for recruitment of counsel. (ph, ) |
| Filing 3 APPLICATION by Plaintiff Eric E. Bernard for leave to proceed in forma pauperis. (Exhibits) (ph, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (ph, ) |
| Filing 1 RECEIVED Complaint and No copies by Eric E. Bernard. (ph, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
