Winger v. Siddiqui et al
| Mark Winger |
| Rowold, Sgt Harris, Holly Hawkins, Kelly Pierce, John Doe, 2, Dr. Ritz, Aimee Lang, Mohammed Siddiqui, Melissa Phoenix, John Doe, 4, John Doe, 5, Wexford Health Sources, Inc and Spiller |
| 3:2019cv00474 |
| May 2, 2019 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Initial Prisoner Filing Fee: $ 400.00 received, receipt number 44625011452 (kdb)
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Filing 7
ORDER: Now that Plaintiff has opted to proceed with this action, the Court will review the complaint to identify claims and defendants and to dismiss any legally insufficient claims. See 28 U.S.C. 1915A. The Court will conduct this review within the next 60 days. The Court will then inform Plaintiff of the findings in a Merit Review Order. No other action will be taken in the case during this time, absent extraordinary circumstances. Therefore, Plaintiff need not submit any evidence, argument, motions, or documents. If Plaintiff does not receive a Merit Review Order within the next 60 days, s/he may file a motion requesting the status of the case. The Court will not consider a status motion at any time prior to the 60-day deadline. If Plaintiff has filed a motion for recruitment of counsel, it will not be considered until the complaint is reviewed. In addition, any motion for recruitment of counsel must include evidence of Plaintiff's own efforts to find counsel such as a list of attorneys contacted and copies of letters sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If Plaintiff's claim(s) survive the merit review, the Court will send a Notice of Lawsuit and Waiver of Service Form to the appropriate defendant(s). This will be the first time the defendant(s) will be informed of the lawsuit. After a defendant signs the waiver and returns it, that defendant will then have 60 days to file an answer to the complaint. If a defendant does not return the completed waiver, the Court will follow up as necessary to complete service on that defendant. When all of the defendants have filed answers, the Court will enter a Scheduling Order containing important information on deadlines, discovery, and procedures. All requests for file-stamped copies of documents must be accompanied by a stamped, self-addressed envelope and an extra copy of the document to be filed-stamped and returned. The Clerk cannot photocopy documents for Plaintiff unless the copy fee of $0.50 per page is submitted in advance. Finally, Plaintiff must promptly notify the court in writing of any change of address. Failure to notify the court of a change in address could result in the dismissal of this case. Signed by Chief Judge Nancy J. Rosenstengel on 6/3/2019. (tjk)
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Filing 6
ORDER: Plaintiff has opted to proceed with this action and, because he was not granted leave to proceed in forma pauperis in the original case (19-cv-236-NJR) or in this case, he is obligated to pay a $400.00 filing fee. The agency having custody of the plaintiff is directed to remit the $400.00 filing fee from his prison trust fund account if such funds are available. If he does not have $400.00 in his account, the agency must send an initial payment of 20% of the current balance or the average balance during the past six months, whichever amount is higher. Thereafter, the agency shall begin forwarding monthly payments of 20% of the preceding month's income credited to Plaintiff's trust fund account (including all deposits to the inmate account from any source) until the statutory fee of $400.00 is paid in its entirety. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of Court each time the Plaintiff's account exceeds $10.00 until the $400.00 filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at Menard Correctional Center upon entry of this Order Signed by Chief Judge Nancy J. Rosenstengel on 6/3/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
RESPONSE to 4 Order, filed by Mark Winger. (jsm2)
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Set/Reset Deadlines: Action due by 6/6/2019. (jsm2)
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Filing 4
ORDER: On 5/1/2019, this case was severed from Winger v. Siddiqui, et al, SDIL Case No. 19-cv-236-NJR. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay an additional $400.00 filing fee in this case ($350.00 if he is granted leave to proceed in forma pauperis). Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until June 6, 2019 to advise the Court in writing whether he wishes to proceed with this lawsuit. If Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. Signed by Chief Judge Nancy J. Rosenstengel on 5/2/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Mark Winger. (tjk)
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Filing 2
COMPLAINT against John Doe, 5, John Doe, 4, John Doe, 2, Sgt Harris, Holly Hawkins, Aimee Lang, Melissa Phoenix, Kelly Pierce, Dr. Ritz, Rowold, Mohammed Siddiqui, Spiller, Wexford Health Sources, Inc, filed by Mark Winger.(tjk)
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Filing 1
MEMORANDUM AND ORDER severing case number 19-236-NJR. Signed by Chief Judge Nancy J. Rosenstengel on 5/1/2019. (tjk)
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