Aguilar v. Wexford Health Sources Inc. et al
| Omar Aguilar |
| Ritz, Zimmer, Siddiqui, John Baldwin, Lashbrook, Gail Walls, Frank Lawrence, Louis Shicker, Wexford Health Sources Inc., Angela Crain and Wexford Health Sources Inc |
| 3:2019cv00510 |
| May 15, 2019 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 13
Order for Service of Process upon Dr. Siddiqui, Gail Walls, Angela Crain, Lashbrook, Dr. Ritz, John Baldwin, Frank Lawrence, Dr. Louis Shicker, NP Zimmer, and Wexford Health Sources, Inc., DENYING #3 MOTION to Appoint Counsel filed by Omar Aguilar. Request for TRO #2 is DENIED. Defendants Lawrence, Baldwin, and Wexford Health Sources, Inc. are DIRECTED to respond to request for preliminary injunction by 7/26/2019. Signed by Judge Staci M. Yandle on 7/12/2019. (anp)
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Initial Prisoner Filing Fee: $40.80 received, receipt number 44625011517 (rah)
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Filing 12
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #7 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $40.80. 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 Menard Correctional Center upon entry of this Order. Plaintiff's Motion to Order the Institution to Send the Trust Fund Audit (Doc. #10 ) is DENIED as moot. The trust fund account was received on 6/11/2019 (Doc. #9 ). Signed by Judge Staci M. Yandle on 6/12/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
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 Staci M. Yandle on 6/12/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
MOTION to Order the Institution to Send the Trust Fund Audit by Omar Aguilar. (jsm2)
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Filing 9
Prisoner Trust Fund Account Statement. (jsm2)
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Filing 8
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #7 ), 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 11/1/2018 to 5/15/2019 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 7/22/2019). Signed by Judge Staci M. Yandle on 6/7/2019. (tjk)
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Filing 7
MOTION for Leave to Proceed in forma pauperis by Omar Aguilar. (jsm2)
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Set/Reset Deadlines: Action due by 6/14/2019. (jsm2)
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Filing 6
ORDER granting #5 Motion to Clarify. Plaintiff states that he has been unable to secure his 6 month trust fund account information from Menard Correctional Center. Plaintiff has yet to file a motion for leave to proceed in forma pauperis ("IFP") or pay the $400 filing fee for this case. Plaintiff shall do so no later than June 14, 2019. If Plaintiff is unable to obtain his trust fund account information by that date, and wishes to file for IFP status, he may file the motion without the certification and trust fund statement. As to his request to submit his litigation history, Plaintiff is DIRECTED to submit his litigation history as a supplement to his Complaint no later than June 14, 2019. Signed by Judge Staci M. Yandle on 5/23/2019. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
MOTION for Clarification as to What to do by Omar Aguilar. (jaj)
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Filing 4
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-cv-510-SMY. 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 Staci M. Yandle on 5/15/2019. (Attachments: #1 Motion for IFP).(jsm2)
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Filing 3
MOTION for Appointment of Counsel by Omar Aguilar. (jsm2)
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Filing 2
MOTION for Temporary Restraining Order/Preliminary Injunction by Omar Aguilar. (jsm2)
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Filing 1
COMPLAINT against All Defendants filed by Omar Aguilar. (Attachments: #(1) Exhibits).(jsm2)
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