Wallace v. Johnson et al
Maurice Wallace |
Terry Caliper, Stacy Williamson, Yolande Johnson, Kenneth Bartley, Robin Dillion, Marvin Powers, Jesse Held and Gregory Lambert |
3:2011cv00131 |
February 15, 2011 |
US District Court for the Southern District of Illinois |
East St. Louis Office |
Alexander |
Michael J. Reagan |
Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 152 ORDER, DENYING 137 APPEAL OF MAGISTRATE JUDGE DECISION to District Court filed by Maurice Wallace. Signed by Judge Michael J. Reagan on 11/2/2012. (mmr) |
Filing 112 ORDER denying without prejudice 100 Motion to Compel; denying without prejudice 100 Motion to Appoint Counsel; denying as moot 111 Motion to Stay. Discovery Dispute conference via video conference set 9/27/12 at 10:00 am. Signed by Magistrate Judge Stephen C. Williams on 8/17/12. (amv) |
Filing 108 ORDER ADOPTING IN PART REPORT AND RECOMMENDATION and SEVERING CLAIMS:The Court ADOPTS in part and REJECTS in part Magistrate Judge Williams' Report and Recommendation (Doc. 83); the Court: GRANTS Defendant Powers' motion to dismiss (Doc. 41 ), thereby DISMISSING Defendant Powers, without prejudice; DENIES as moot Plaintiff Wallace's (first) motion to amend (Doc. 43); and DENIES without prejudice Plaintiff Wallace's (second) motion to amend (Doc. 48).Powers' two motions fo r HIPAA qualified protective orders (Docs. 45 and 65), motion for clarification (Doc. 63), and motion for summary judgment (Doc. 77) are all DENIED as moot. Plaintiff's motion for an extension of time to respond to Powers' motion (Doc. 51) is DENIED as moot. Plaintiff's motion to compel and for sanctions and request for counsel(Doc. 75) is DENIED as moot. The Court SEVERS the remaining claims in Plaintiff's Second Amended Complaint (Doc. 25) and DIRECTS the Clerk to open a n ew case. Plaintiff is deemed a pauper in the new case(see Doc. 8). The new case shall be referred to Magistrate Judge Stephen C. Williams (see Doc. 29). The Court further DIRECTS the Clerk to add to the docket of the newly-opened case a copy of Doc s. 25, 2, 8, 29, 36, 37, 38, 39, 46, 100 101, 102 and 106. Defendants motion for leave to amend their answer (Doc. 54) is GRANTED. On or before September 21, 2012 Defendants shall file their amended answers as appropriate in this case and the new c ase. Docs. 87, 94, 95 and 97 are DENIED without prejudice. The parties shall reassess and redraft those motions in light of severance. If for any reason, Plaintiff does not wish to proceed either with this case or with the newly-opened case, he must notify the Court on or before September 7, 2012. Unless Plaintiff notifies the Court that he does not wish to pursue one of these actions, he will be responsible for a separate filing fee in each case.If Plaintiff elects to proceed with the newly s evered case, the Court will assign a trial date and Judge Williams will then issue a scheduling order specific to the new case.The Court GRANTS Plaintiff Wallaces two motions for copies of various docket sheets (Docs. 104 and 105). The Clerk of Court shall mail to Plaintiff Wallace, free of charge, copies of the current docket sheets for the following cases: 09-342-JPG; 09-362-DGW; and 11-131-MJR. Signed by Judge Michael J. Reagan on 8/13/2012. (mmr) |
Filing 29 ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams, Stephen C. Williams added. Wexford Medical Services terminated with prejudice. COUNTS 2, 4, and 5 fail to state a claim upon which relief may be granted, and thus are DISMISSED. The dis missal of COUNT 2 shall be without prejudice. The dismissal of COUNTS 4 and 5 shall be with prejudice. COUNTS 1 and 3 shall receive further consideration. IT IS FURTHER ORDERED that the Clerk of Court shall prepare for Defendants BARTLEY, CALIPER, HELD, JOHNSON and POWERS (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). Signed by Judge Michael J. Reagan on 11/4/2011. (tjk) |
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