Winger v. Siddiqui et al
Plaintiff: Mark Winger
Defendant: John Doe, 4, John Doe, 2, Ron Skidmore, Spiller, Dr. Ritz, Rowold, Melissa Phoenix, John Doe, 5, T. Raudy, John Doe, 3, Kelly Pierce, Boswell Pharmacy Services, Wexford Health Sources, Inc., Dr. Newbald, Holly Hawkins, Dr. Siddiqui, Illinois Department of Corrections, Sgt. Harris, Terri Anderson, Aimee Lang, Gail Walls and Mohammed Siddiqui
Case Number: 3:2019cv00236
Filed: February 25, 2019
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2019 Filing 7 NOTIFICATION of Payment by Mark Winger. (jsm2)
March 28, 2019 Filing fee: $ 400.00, receipt number 34625091863 (cds)
March 6, 2019 Set/Reset Deadlines: Action due by 4/4/2019. (jsm2)
March 5, 2019 Opinion or Order Filing 6 ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #4 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from Winger's affidavit that he is indigent. Plaintiff's trust fund account balance as of the date of filing was $1,886.90 (Doc. #4 ). During the 6 month period immediately preceding the filing of this action, Plaintiff's monthly opening trust fund account balance ranged from $2,241.54 in September 2018 to $2,008.23 in February 2019 (Doc. #4 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #4 ). Plaintiff shall pay the $400.00 filing fee no later than April 4, 2019. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Court will defer its preliminary review of this matter under 28 U.S.C. 1915A until Plaintiff complies with this Order. Signed by Judge Nancy J. Rosenstengel on 3/5/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 5, 2019 Opinion or Order Filing 5 ORDER: The Court has received your motion to proceed without prepayment of the filing fee. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Nancy J. Rosenstengel on 3/5/2019. (tjk)
March 4, 2019 Filing 4 MOTION for Leave to Proceed in forma pauperis by Mark Winger. (jsm2)
February 26, 2019 Opinion or Order Filing 3 Order construing Plaintiff's miscellaneous requests in the Complaint for "immediate" injunctive relief (Doc. 1, pp. 41-49) as a request for a temporary restraining order ("TRO"). In the 156-page Complaint, Plaintiff names 21 defendants for various violations of his constitutional rights at Menard and possibly other facilities. Among other things, he complains of excessive co-pays and the denial of adequate medical care for chest pain (2017), lingering symptoms of dry mouth and excessive tears from Bell's Palsy (dating back to 2012), a broken crown (2017), and a shoulder injury resulting from rear cuffing (2017). He seeks an angiogram, right shoulder MRI, physical therapy, Biotene mouth rinse, permanent front-cuff permit, replacement crown, referrals to medical specialists, and no contact with the officer responsible for rear-cuffing him in 2017. Plaintiff did not file a separate motion for TRO pursuant to Rule 65(b) of the Federal Rules of Civil Procedure and has not demonstrated why this drastic form of relief is warranted. Plaintiff's claims arise from events that occurred primarily in 2017, and he offers the Court little insight into his current symptoms or immediate medical needs. A TRO is an order issued without notice to the party to be enjoined that lasts no more than fourteen (14) days. See Fed. R. Civ. P. 65(b)(2). It may issue only if "specific facts in an affidavit or a verified complaint clearly show that immediate or irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A). Such injunctive relief is also warranted "to prevent a substantial risk of serious injury from ripening into actual harm." Farmer v. Brennan, 511 U.S. 825, 845 (1994). The Complaint lacks specific facts describing what, if any, immediate or irreparable injury, loss, or damage Plaintiff will suffer. Given the blunderbuss nature of the Complaint and sweeping request for injunctive relief, the Court is unable to fully evaluate the likelihood of success on the merits of Plaintiff's claims, find that the balance of equities tips in his favor, or conclude that the public interest would be served by the issuance of an injunction at this time. The request for a TRO is DENIED without prejudice. The Court will defer its preliminary review of this matter under 28 U.S.C. 1915A until Plaintiff complies with the Order requiring him to either prepay the full $400 filing fee for this action or file a properly completed Motion for Leave to Proceed in forma pauperis. Signed by Judge Nancy J. Rosenstengel on 2/26/2019. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 25, 2019 Opinion or Order Filing 2 NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-cv-236-NJR. Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Nancy J. Rosenstengel on 2/25/2019. (Attachments: #1 Motion for IFP).(jsm2)
February 25, 2019 Filing 1 COMPLAINT against All Defendants filed by Mark Winger.(jsm2)

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Defendant: John Doe, 4
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Defendant: John Doe, 2
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Defendant: Ron Skidmore
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Defendant: Spiller
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Defendant: Dr. Ritz
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Defendant: Rowold
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Defendant: Melissa Phoenix
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Defendant: John Doe, 5
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Defendant: T. Raudy
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Defendant: John Doe, 3
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Defendant: Kelly Pierce
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Defendant: Boswell Pharmacy Services
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Defendant: Wexford Health Sources, Inc.
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Defendant: Dr. Newbald
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Defendant: Holly Hawkins
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Defendant: Dr. Siddiqui
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Defendant: Illinois Department of Corrections
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Defendant: Sgt. Harris
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Defendant: Terri Anderson
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Defendant: Aimee Lang
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Defendant: Gail Walls
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Defendant: Mohammed Siddiqui
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Plaintiff: Mark Winger
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