Weaver v. Henzie et al
| Wendell E. Weaver |
| Marlene Henzie, Dr. Garcia, Wexford Health Sources, Inc., Dr. Williams, Dr. O, Dr. E, Helen Bruckner, Ms. Marks, Ghaliah Obaisi, Saleh Obaisi, Sgt. Marks, Warden Gomez, Asst. Warden Williams, Tara Hunter, John Doe, Jane Doe and Correctional Officer(s) |
| 1:2021cv05148 |
| September 30, 2021 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 COMPLAINT filed by Wendell E. Weaver; Jury Demand. (Exhibits). (jn, ) |
Filing 8
ORDER: In his recent letter to the Court #7 , Plaintiff indicates he gave authorization to Stateville Correctional officials to send $405 to the Court to pay the filing fee in this case but has not received a response to his request from Stateville officials. Consequently, the Court will extend the deadline for Plaintiff to pay the fee to November 16, 2021. Failure to pay the fee by this date will result in summary dismissal of this case. Plaintiff is reminded, however, that the fee is $402, not $405. He should send a check to the Court for $402. The Court further notes that, along with his letter, Plaintiff filed communications from his attorneys in a prior lawsuit marked "Privileged and Confidential" and a settlement agreement containing confidentiality provisions. (Dkt. 7, pgs. 3-8.) Because at least some of these records contain plainly confidential information, the Clerk is directed to seal the October 22, 2021 letter and attachments #7 . Although the Court advised Plaintiff in a prior order to consider whether any of his claims were barred by the settlement agreement reached in another of his lawsuits, this was not a direction that Plaintiff file the settlement records in the present case. Rather, the Court encouraged Plaintiff to review the agreement himself and decide whether to continue pursuing the claims asserted here. (See Dkt. 6.) The Court again recommends Plaintiff review the agreement, but he need not file it in this case at this point of the proceedings. In the future, if Plaintiff believes filing confidential records is necessary, he should first request permission to file such documents under seal. Signed by the Honorable Virginia M. Kendall on 10/26/2021. Mailed notice (jn, )
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| Filing 7 Answer to court order entered 10/5/2021 by Wendell E. Weaver (Exhibits) (gw, ) |
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Filing 6
ORDER: Plaintiff's Application for Leave to Proceed In Forma Pauperis #3 is denied. Plaintiff indicates he has already transmitted the filing fee to the Court (Dkt. 5), and his trust fund statement, which shows that Plaintiff had a balance of $9,960.88 shortly before filing this lawsuit, demonstrates he does not qualify as indigent. (Dkt. 3, pg. 4.) Therefore, Plaintiff must pay the $402 filing fee to proceed with this lawsuit. Failure to comply by October 26, 2021, will result in summary dismissal. The Court also notes Plaintiff reached a settlement agreement in a prior lawsuit, Weaver v. Martija, No. 1:16-cv-9400 (N.D. Ill.), on July 7, 2020. That case, like some of the claims in this lawsuit, challenged the medical treatment Plaintiff received for his broken finger. The docket does not reveal whether the settlement agreement contained a release (often referred to as a general release) of any potential claims regarding Plaintiff's broken finger. See, e.g., Darvosh v. Lewis, 66 F. Supp. 3d 1130, 1134 (N.D. Ill. 2014) (discussing release provisions). If the settlement agreement contains such a release, and Plaintiff chooses to proceed with such claims despite the release, his claims could be subject to dismissal, and he could be subject to sanctions. See United States v. Rogers Cartage Co., 794 F.3d 854, 863 (7th Cir. 2015) ("The filing of a complaint that is precluded by an unambiguous settlement agreement is conduct that fits squarely within the ambit of Rule 11.") Plaintiff therefore is encouraged to review the settlement agreement and consider whether he may proceed with the claims raised in this lawsuit. Signed by the Honorable Virginia M. Kendall on 10/5/2021: Mailed notice (gw, )
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| Filing 5 LETTER from Wendell E. Weaver dated 9/30/2021. (jg, ) |
| Filing 4 MOTION by Plaintiff Wendell E. Weaver for attorney representation (jg, ) |
| Filing 3 APPLICATION by Plaintiff Wendell E. Weaver for leave to proceed in forma pauperis (jg, ) |
| Filing 2 CIVIL Cover Sheet (jg, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Wendell E. Weaver (Exhibits) (jg, ) (Docket Text Modified by Clerk's Office on 9/30/2021) (jg, ). |
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