Thurston v. Wexford Health Source et al
| Darrell Thurston, Sr. |
| Wexford Health Source, Vipin Shah and Illinois Dept of Corrections |
| 3:2017cv00832 |
| August 3, 2017 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| XX US, Outside State |
| Michael J. Reagan |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
31
ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. The Clerk is DIRECTED to substitute Defendant WEXFORD HEALTH SOURCES, INC. in place of Defendant WEXFORD HEALTH CARE SOURCE in CM/ECF. IT IS HEREBY ORDERED that COUNT 1 fails to state a c laim upon which relief may be granted against Defendant WEXFORD HEALTH SOURCES, INC. and is therefore DISMISSED without prejudice. IT IS ORDERED that COUNT 3, which is unrelated to COUNT 2, is SEVERED into a single new case against Defendants DR. EVA RISTO AGUINALDO and NURSE PRACTITIONER WILLIAMS, which shall be captioned: DARRELL THURSTON, SR., Plaintiff v. DR. EVARISTO AGUINALDO and NURSE PRACTITIONER WILLIAMS, Defendants. Plaintiff will be responsible for an additional $350.00 filing fee in the new case. IT IS FURTHER ORDERED that the only claim remaining in this action is COUNT 2 against Defendant DR. VIPIN SHAH. This case shall now be captioned: DARRELL THURSTON, SR., Plaintiff v. DR. VIPIN SHAH, Defendant. IT IS ORDERED that Def endants DR. EVARISTO AGUINALDO and NURSE PRACTITIONER WILLIAMS are DISMISSED with prejudice from this action, and Defendant WEXFORD HEALTH SOURCES, INC. is DISMISSED without prejudice from this action.IT IS ORDERED that COUNT 2, the only claim now at issue in this case, survives screening and shall proceed for further review against Defendant DR. VIPIN SHAH. With respect to COUNT 2, the Clerk of Court shall prepare for Defendant DR. VIPIN SHAH: (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 Chief Judge Michael J. Reagan on 5/30/2018. (tkm)
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Filing
13
IT IS HEREBY ORDERED that the Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that Plaintiff is GRANTED leave to file a First Amended Complaint in this case on or before November 3, 2017. Should Plaintiff fail to file his First Amended Complaint within the allotted time, dismissal of this action will become with prejudice. (Amended Pleadings due by 11/3/2017). Signed by Chief Judge Michael J. Reagan on 10/6/2017. (tjk)
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