Amison v. Amita Health Ascension Saint Joseph
| Jeremi Amison |
| Amita Health Ascension Saint Joseph |
| 1:2023cv03321 |
| May 25, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff has filed a motion for leave to file amended complaint, #21 , but has not filed a first amended complaint. At this stage, because defendant has not yet been served, plaintiff may amend the complaint once as a matter of course, that is, without leave of court. Fed. R. Civ. P. 15(a)(1). Thus, the motion for leave to file an amended complaint, #21 , is granted and plaintiff may file an amended complaint. Plaintiff should file the amended complaint by 8/15/2023. Plaintiff is advised that any amended complaint will supersede and replace in its entirety the original complaint and any prior complaints plaintiff has attempted to file. That is, the court will not consider piecemeal complaints. Any amended complaint must stand alone (i.e., be complete on its own and not refer back to other prior complaints). If plaintiff has questions about proceeding pro se or searching for an attorney, plaintiff may contact the Hibbler Help Desk, which can be reached at (312) 702-8825, or www.ilnd.uscourts.gov, and click on the link Information for People Without Lawyers. (rao, ) |
| Filing 21 MOTION by Plaintiff Jeremi Amison for leave to file amended complaint. (rp, ) |
| Filing 20 PRO SE Appearance by Plaintiff Jeremi Amison (rp, ) |
| Filing 19 SUMMONS Returned Executed by U.S. Marshals Service as to Amita Health Ascension Saint Joseph on 7/11/2023, answer due 8/1/2023. (rp, ) |
Filing 18
ORDER: The Clerk of Court is directed to email plaintiff the document 6 returned as undeliverable. Plaintiff is advised that he must promptly submit a change-of- address notification. If plaintiff fails to keep the court informed of her address, this action will be subject to dismissal for failure to comply with a court order and for failure to prosecute. See Fed. R. Civ. P. 41(b). Signed by the Honorable Martha M. Pacold on 7/12/2023. Mailed notice (rp, )
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| Filing 17 MAIL RETURNED, for document # 6 sent to Jeremi Anderson returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form (rp, ) |
| Filing 16 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's amended complaints ( #13 , #15 ). These amended complaints appear to be an attempt to expand on the complaint. Plaintiff may not amend his complaint piecemeal (put another way, he may not amend his pleading by submitting a supplemental document). If plaintiff wants to amend his complaint, he must submit a proposed stand-alone pleading for the court's review. The documents #13 and #15 are therefore stricken. Plaintiff should also review Federal Rule of Civil Procedure 15, which states when a party may amend a pleading. (rao, ) |
| Filing 15 AMENDED complaint by Jeremi Amison against Amita Health Ascension Saint Joseph (rp, ) |
| Filing 13 AMENDED complaint by Jeremi Amison against Amita Health Ascension Saint Joseph (rp, ) |
| Filing 12 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for attorney representation #10 is denied without prejudice. "There is no right to court-appointed counsel in federal civil litigation," Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014), but the court may request that an attorney represent an indigent litigant on a volunteer basis under 28 U.S.C. 1915(e)(1). In deciding whether to recruit counsel, the court must engage in a two-step analysis, asking: (1) whether the plaintiff has made a reasonable attempt to retain counsel on her own or been effectively precluded from doing so; and, if so, (2) whether given the factual and legal complexity of the case, the plaintiff appears competent to litigate the matter herself. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007) (en banc). The analysis does not focus solely on the plaintiff's ability to try the case, but takes into consideration his ability to gather evidence and prepare and respond to motions. Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013). Factors to be considered include: (1) the stage of litigation, Romanelli v. Suliene, 615 F.3d 847, 852 (7th Cir. 2010); (2) plaintiff's submissions to date, Olson, 750 F.3d at 712; (3) plaintiff's physical and mental health, id.; (4) plaintiff's education level, communication skills, and litigation experience, Pruitt, 503 F.3d at 655; and (5) the complexity of the case, id. at 655-56. After considering the above factors, the court concludes that solicitation of counsel is not currently warranted. At this stage in the litigation, plaintiff must provide basic facts about the nature of the claim(s) that are within plaintiff's personal knowledge. If this case progresses, plaintiff may renew the request for attorney representation at a later date. (rao, ) |
| Filing 10 MOTION by Plaintiff Jeremi Amison for attorney representation (rp, ) |
| Filing 9 SUMMONS Issued along with USM 285 form(s), certified copy of order dated 5/30/2023 to the U.S. Marshal's Office for service as to Defendant Amita Health Ascension Saint Joseph (rp, ) |
| Filing 8 COMPLAINT filed by Jeremi Amison. (rp, ) |
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Filing 7
ORDER: Plaintiff's application to proceed in forma pauperis #4 is granted. The Clerk of Court is directed to (1) file plaintiff's complaint; (2) issue summons for service of the complaint; and (3) send plaintiff two blank USM-285 service forms, a magistrate judge consent form, filing instructions, and a copy of this order. The court advises plaintiff that a completed USM-285 form for each defendant is required for service. The U.S. Marshal will not attempt service on a Defendant unless and until the required form is received. The U.S. Marshal is appointed to serve defendants. If plaintiff has questions about proceeding pro se or searching for an attorney, plaintiff may contact the Hibbler Help Desk, which can be reached at (312) 702-8825, or www.ilnd.uscourts.gov, and click on the link Information for People Without Lawyers. Signed by the Honorable Martha M. Pacold on 5/30/2023. Mailed notice (rp, )
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| MAILED two blank USM-285 service forms, a magistrate judge consent form, filing instructions, and a copy of order dated 5/30/23 to plaintiff. (rp, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (rp, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (rp, ) |
| Filing 4 APPLICATION by Plaintiff Jeremi Amison for leave to proceed in forma pauperis (rp, ) |
| Filing 3 PRO SE Appearance by Plaintiff Jeremi Amison (rp, ) |
| Filing 2 CIVIL Cover Sheet (rp, ) |
| Filing 1 RECEIVED Complaint and no copies by Jeremi Amison (rp, ) |
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| Plaintiff: Jeremi Amison | |
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| Defendant: Amita Health Ascension Saint Joseph | |
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