Jones v. McShan et al
| Omarrian Jones |
| John Doe, 1, John Doe, 2, Dr. McShan, Dr. LeVen, Weatherford, Pappas, Floreani, Wexford Health Sources, Inc., Dr. Gooptuh, Lashbrook, VanPelt, Dr. Glenn, Goldman, Regional Psychiatrist, John Does 3-5, Watch Officers of North II, Latina Nurse, Wexford Health Sources Inc and John Doe, 6 |
| 3:2019cv00386 |
| April 8, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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Filing 30
ORDER granting #29 Motion for Extension of Time to Amend. Amended Complaint due August 16, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 6/14/2019. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Set Deadline: Amended Complaint due by 8/16/2019. (cjo)
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Filing 29
MOTION for Extension of Time to Amend #14 Order Assigning Attorney,,, Order on Motion for Recruitment of Counsel,,, Order on Motion for Preliminary Injunction,,, Order on Motion for Miscellaneous Relief,,, Order on Motion to Compel,,,,,,,,,,,, Order on Motion to Amend/Correct,, #1 Complaint by All Plaintiffs. (Gold, Stephanie)
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Initial Prisoner Filing Fee: $ 8.00 received, receipt number 34625093577 (cds)
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Filing 28
ORDER regarding "Notice regarding Trust Fund Statement" Doc. #27 : As the Court previously informed Plaintiff, the Court has received his trust fund account statements from both Menard and Dixon and his #2 Motion for Leave to Proceed in forma pauperis ("IFP") was granted on April 26, 2019. (Doc. 22 ). Plaintiff has already been advised that he has been assigned counsel and because he is represented by counsel he may not file motions pro se, except a pleading that asks that he be allowed to have counsel withdraw from representation. Although Plaintiff was also advised that any future motions he files pro se would be stricken, because there seems to be confusion regarding the status of the IFP Motion and the receipt of his trust fund statements, the Clerk of Court is DIRECTED to mail to Plaintiff the trust account statements received from Menard and Dixon as well as the Order Granting Plaintiff's IFP Motion. Signed by Chief Judge Nancy J. Rosenstengel on 6/4/2019. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
NOTICE regarding Trust Fund Statement by Omarrian Jones. (jsm2)
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Filing 26
NOTICE Regarding Trust Fund Statement by Omarrian Jones. (jsm2)
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Filing 25
NOTICE of Appearance by Lucas J. Dalton on behalf of All Plaintiffs (Dalton, Lucas)
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Filing 24
NOTICE of Appearance by Benjamin R. Schmickle on behalf of All Plaintiffs (Schmickle, Benjamin)
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Filing 23
NOTICE of Appearance by Stephanie L. Gold on behalf of All Plaintiffs (Gold, Stephanie)
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Filing 22
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $9.55. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Dixon Correctional Center upon entry of this Order. Plaintiff is ADVISED that the trust fund account information from Menard Correctional Center was received on April 15, 2019 (Doc. 15). Signed by Chief Judge Nancy J. Rosenstengel on 4/26/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 21
RESPONSE to #13 Order filed by Omarrian Jones. (jaj)
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Filing 20
ORDER: On April 15, 2019, the Court issued an order #14 assigning Plaintiff counsel and informing him that because he is represented by counsel, he may not file motions pro se, except a pleading that asks that he be allowed to have counsel withdraw from representation. Therefore, Plaintiff's Motions to the Court #17 and #18 and Motion for Leave to File Amended Complaint 19 are STRICKEN from the action. Plaintiff is advised that any future motions he files pro se will also be stricken. Furthermore, Plaintiff's pro se Motion for Appointment of Counsel #16 is DENIED as moot as Plaintiff has been assigned counsel (Doc. #14 ). Signed by Chief Judge Nancy J. Rosenstengel on 4/24/2019. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 19
ENTRY STRICKEN - MOTION for Leave to File Amended Complaint by Omarrian Jones. (Proposed Amended Complaint received this date and under review). (jsm2) Modified on 4/24/2019 (jsm2).
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Filing 18
ENTRY STRICKEN - MOTION of the Court by Omarrian Jones. (jsm2) Modified on 4/24/2019 (jsm2).
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Filing 17
ENTRY STRICKEN - MOTION to the Court by Omarrian Jones. (jsm2) Modified on 4/24/2019 (jsm2).
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Filing 16
MOTION for Appointment of Counsel by Omarrian Jones. (jsm2)
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Set/Reset Deadlines: Second Amended Complaint due by 6/17/2019. (jsm2)
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Filing 15
Prisoner Trust Fund Account Statement from Menard CC. (kls3)
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Filing 14
ORDER assigning Attorney Benjamin R. Schmickle for Omarrian Jones. Attorney Appearance due by 4/29/2019. Granting #3 motion to appoint counsel; denying #4 Motion for Preliminary Injunction; denying #5 Motion ; denying #6 Motion to Compel; denying #7 Motion ; denying #8 Motion ; denying #9 Motion ; granting #11 Motion to Amend/Correct. The Complaint and the Amended Complaint is dismissed without prejudice. Second Amended Complaint to be filed by counsel by June 17, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 4/15/2019. (jrj)
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Filing 13
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 10/1/2018 to 11/1/2018 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. 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 Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Menard Correctional Center. (Trust Fund Statement due on or before 5/28/2019). Signed by Chief Judge Nancy J. Rosenstengel on 4/10/2019. (tjk)
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Filing 12
EXHIBIT by Omarrian Jones. Exhibit to #1 Complaint. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(jsm2)
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Filing 11
MOTION to Amend #1 Complaint by Omarrian Jones. (jsm2)
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Filing 10
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-cv-386-NJR. The following is some information you should know regarding the initial stages of your lawsuit. 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. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. 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 Chief Judge Nancy J. Rosenstengel on 4/8/2019. (jsm2)
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Filing 9
MOTION to the Court Requesting Acceptance of 1983 by Omarrian Jones. (jsm2)
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Filing 8
MOTION Pleading with the Court to Excuse Plaintiff from Meeting Specific Requirements of Rules & Instructions Related to Civil Case by Omarrian Jones. (jsm2) (Main Document 8 replaced on 4/9/2019) (dkd).
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Filing 7
MOTION for Help and or Copies by Omarrian Jones. (jsm2) (Main Document 7 replaced on 4/9/2019) (dkd).
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Filing 6
MOTION to Compel Wexford IDOC for Outside Psych Interview by Omarrian Jones. (jsm2)
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Filing 5
MOTION for Experienced Psychiatrist by Omarrian Jones. (jsm2)
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Filing 4
MOTION for Preliminary Injunction by Omarrian Jones. (jsm2)
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Filing 3
MOTION for Recruitment of Counsel by Omarrian Jones. (Attachments: #1 Exhibit).(jsm2)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Omarrian Jones. (jsm2) (Main Document 2 replaced on 4/9/2019) (dkd).
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Filing 1
COMPLAINT against All Defendants filed by Omarrian Jones.(Attachments: #1 Exhibits, #2 Exhibits).(jsm2)
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