Flippins v. Kink et al
| Martell Flippins |
| K. Kink, Dr. Ritz, Mrs. L. Cunningham, Wexford Health Source, S. Benton, V. Shah, S. Stover, J. Baldwin and F. Ahmed |
| 3:2019cv00517 |
| May 16, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on August 6, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 62 ANSWER to #1 Complaint and Affirmative Defenses to Plaintiff's Complaint by F. Ahmed.(Hill, Keith) |
| Filing 61 NOTICE of Appearance by Martha Elizabeth Ravenhill on behalf of F. Ahmed (Ravenhill, Martha) |
| Filing 60 NOTICE of Appearance by Keith B. Hill on behalf of F. Ahmed (Hill, Keith) |
| Filing 59 Writ of Habeas Corpus ad Testificandum Issued as to Martell Flippins #M54010 for July 26, 2019. (drb) |
Filing 58
AMENDED NOTICE AND ORDER: IDOC and the Warden of Lawrence Correctional Center shall arrange to have Martell Flippins #M54010 present in person on July 26, 2019 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 7/9/2019. (drb)
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| Filing 57 MOTION to Withdraw as Attorney by J. Baldwin, S. Benton, L. Cunningham, K. Kink. (Schwarzlose, Rachel) |
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Filing 56
ORDER GRANTING #54 Motion to Amend/Correct Hearing Date. The Preliminary Injunction Hearing is RESET for Friday, July 26, 2019 at 1:30 PM before the undersigned at the United States Courthouse in East St. Louis, Illinois. Plaintiff and all witnesses are ORDERED to appear in person. An amended appearance writ will be issued for plaintiff's appearance. Signed by Chief Judge Nancy J. Rosenstengel on 7/9/2019. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 55 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 54 MOTION to Change/Move Up Hearing Date re: #48 Order by Martell Flippins. (jaj) |
| Filing 53 WAIVER OF SERVICE Returned Executed S. Stover waiver sent on 6/28/2019, answer due 8/27/2019. (tjk) |
| Filing 52 SECOND REQUEST FOR WAIVER of Service sent to Ahmed on 6/28/2019. Waiver of Service due by 7/29/2019. (tjk) |
| Filing 51 SECOND REQUEST FOR WAIVER of Service sent to Stover on 6/28/2019. Waiver of Service due by 7/29/2019. (tjk) |
| Filing 50 Writ of Habeas Corpus ad Testificandum Issued as to Martell Flippins M54010 for August 14, 2019 at 10:00 AM. (drb) |
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Filing 49
NOTICE AND ORDER: IDOC and the Warden of Lawrence Correctional Center shall arrange to have Martell Flippins M54010 present, in person, on August 14, 2019 at 10:00 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 6/20/2019. (drb)
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Filing 48
ORDER GRANTING #46 Motion to Continue July 18, 2019 Hearing on Plaintiff's Preliminary Injunction. The Preliminary Injunction Hearing is RESET forWednesday, August 14, 2019 at 10 a.m., before the undersigned at the United States Courthouse in East St. Louis, Illinois. Plaintiff and all witnesses are ORDERED to appear in person. Signed by Chief Judge Nancy J. Rosenstengel on 6/20/2019. (drb)
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| Filing 47 WAIVER OF SERVICE Returned Executed Dr. Ritz waiver sent on 5/20/2019, answer due 7/19/2019. (tjk) |
| Filing 46 MOTION to Continue July 18, 2019 Hearing on Plaintiff's Preliminary Injunction by Wexford Health Source. (Melzer, Katherine) |
| Filing 45 Writ of Habeas Corpus ad Testificandum Issued as to Martel Flippins #M54010 for July 18, 2019. (drb) |
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Filing 44
NOTICE AND ORDER: IDOC and the Warden of Lawrence Correctional Center shall arrange to have Martell Flippins M54010 present, in person, on July 18, 2019 at 2:00 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 6/18/2019. (drb)
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| Filing 43 Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Motion Hearing held on 6/17/2019 re #2 MOTION for Temporary Restraining Order. Due to technical difficulties with the video conference equipment at both IDOC facilities, this hearing is CONTINUED to July 18, 2019 a 2:00 PM before Chief Judge Nancy Rosenstengel at the East St. Louis Courthouse. Plaintiff and all witnesses are ORDERED to appear in person.(Court Reporter Barb Kniepmann.) (drb) |
| Filing 41 WAIVER OF SERVICE Returned Executed V. Shah waiver sent on 6/12/2019, answer due 8/12/2019. (tjk) |
| Filing 40 NOTICE of Appearance by Rachel D. Schwarzlose on behalf of J. Baldwin, S. Benton, L. Cunningham, K. Kink (Schwarzlose, Rachel) |
| Filing 42 WAIVER OF SERVICE Returned Executed J. Baldwin waiver sent on 5/20/2019, answer due 7/19/2019. (tjk) |
| Filing 39 AMENDED DOCUMENT by J. Baldwin, S. Benton, L. Cunningham, K. Kink. Defendants' AMENDED Response in Opposition to Plaintiff's Motion for Preliminary Injunction (Court Doc #2 ). (Attachments: #1 Exhibit A, #2 Exhibit B)(White, Ashley) |
| Filing 38 NOTICE of Appearance by Ashley Simone White on behalf of J. Baldwin (White, Ashley) |
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Filing 37
ORDER: Defendants Baldwin, Benton, and Cunningham filed their #35 Response in Opposition to #2 Motion for Temporary Restraining Order on June 11, 2019. It appears the Response contains the incorrect names of Defendants on the signature page. Defendants are DIRECTED to refile a corrected response. The Court further notes that, although the Response indicates that Assistant Attorney General Ashley Simone White has been assigned to represent Defendant J. Baldwin, she as not entered an appearance on behalf of him and will not be treated as counsel of record for J. Baldwin until she has entered her appearance. 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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| Filing 36 SECOND REQUEST FOR WAIVER of Service sent to Shah on 6/12/2019. Waiver of Service due by 7/12/2019. (tjk) |
| Filing 35 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by J. Baldwin, S. Benton, L. Cunningham. (Attachments: #1 Exhibit A, #2 Exhibit B)(White, Ashley) |
| Filing 34 MEMORANDUM in Opposition re #2 MOTION for Temporary Restraining Order And Preliminary Injunction filed by Wexford Health Source. (Melzer, Katherine) |
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Filing 33
ORDER denying #31 Motion for Leave to File an Amended Complaint (Motion): Plaintiff states that he would like to amend his complaint by supplementing it with certain facts as specified in his Motion. The Motion was not accompanied by a proposed amended complaint. Instead, Plaintiff submitted copies of the original Complaint, Motion for Temporary Restraining Order and Preliminary Injunction, Motion to Proceed IFP, Motion for Recruitment of Counsel, and Motion for Service of Process at Government Expense. Plaintiff is attempting to add to his original complaint in a piecemeal fashion. This is often referred to as amendment by interlineation, and it is not permitted. See FED. R. CIV. P. 8(a). Instead, all claims against all defendants must be set forth in a single document. Accordingly, the Motion is DENIED. Should Plaintiff seek to amend his complaint in the future, he should do so using the form complaint as he did with his original complaint. Plaintiff is ADVISED that the Court will not accept piecemeal amendments to the original complaint. An amended complaint supersedes and replaces the original complaint. See Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n. 1 (7th Cir. 2004). Thus, any amended complaint must stand on its own, without reference to any previous pleading. Signed by Chief Judge Nancy J. Rosenstengel on 6/10/2019. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 32 NOTICE of Appearance by Ashley Simone White on behalf of K. Kink (White, Ashley) |
| Filing 31 MOTION for Leave to File an Amended Complaint by Martell Flippins. Proposed Amended Complaint received and under review. (jaj) |
| Filing 30 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #29 Answer to Complaint filed by Dr. Ritz. Document stricken at the request of filer. Document will be refiled in the correct case. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 29 STRICKEN Defendant Ritz's ANSWER to #1 Complaint by Dr. Ritz.(Melzer, Katherine) Modified on 6/6/2019 (amv). |
| Filing 28 NOTICE of Appearance by Ashley Simone White on behalf of L. Cunningham (White, Ashley) |
| Filing 27 WAIVER OF SERVICE Returned Executed S. Benton waiver sent on 5/20/2019, answer due 7/19/2019. (jaj) |
| Filing 26 WAIVER OF SERVICE Returned Executed L. Cunningham waiver sent on 5/20/2019, answer due 7/19/2019. (tjk) |
| Filing 25 NOTICE of Appearance by Ashley Simone White on behalf of S. Benton (White, Ashley) |
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Filing 24
ORDER granting #23 Motion for Protective Order. Signed by Chief Judge Nancy J. Rosenstengel on 5/28/2019. (jrj)
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| Filing 23 MOTION for Protective Order [HIPAA Qualified] by Wexford Health Source. (Melzer, Katherine) |
| Filing 22 NOTICE of Appearance by Katherine A. Melzer on behalf of Wexford Health Source (Melzer, Katherine) |
| Filing 21 WAIVER OF SERVICE Returned Executed K. Kink waiver sent on 5/20/2019, answer due 7/19/2019. (kek) |
| Filing 20 NOTICE of Appearance by Untress L. Quinn on behalf of Wexford Health Source (Quinn, Untress) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Wexford Health Source. Wexford Health Source waiver sent on 5/21/2019, answer due 7/22/2019. (Quinn, Untress) |
| Initial Prisoner Filing Fee: $ 8.53 received, receipt number 34625093287. (cjo) |
| Filing 18 VIDEO WRIT ISSUED as to Martell Flippins #M54010 to be held June 17, 2019 at 10:00 AM before Chief Judge Nancy J. Rosenstengel. (drb) |
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Filing 17
NOTICE AND ORDER: IDOC and the Warden of Lawrence Correctional Center shall arrange to have Martell Flippins #M54010 present via video conference on June 17, 2019 at 10:00 AM before Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 5/21/2019. (drb)
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Filing 16
ORDER: Motion hearing set as to #2 Motion for Preliminary Injunction for 6/17/2019 at 10:00 AM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Plaintiff shall appear via video conference. Counsel SHALL be prepared, to the extent possible, to discuss Plaintiff's need for and/or receipt of treatment for hernia and related complaints. In that vein, Defendants are directed to arrange for at least one witness familiar with the allegations in the motion for preliminary injunction to appear at the hearing. Defendants SHALL FILE A RESPONSE to the request for a preliminary injunction on or before June 11, 2019. Additionally, Defendants are DIRECTED to provide the Court with medical records pertaining to the treatment of Plaintiff's hernia and related complaints on or before June 11, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 5/21/2019. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 REQUEST FOR WAIVER of Service sent to Shah, Stover, and Cunningham on 5/20/2019. Waiver of Service due by 6/19/2019. (tjk) |
| Filing 14 REQUEST FOR WAIVER of Service sent to Benton on 5/20/2019. Waiver of Service due by 6/19/2019. (tjk) |
| Filing 13 REQUEST FOR WAIVER of Service sent to Baldwin on 5/20/2019. Waiver of Service due by 6/19/2019. (tjk) |
| Filing 12 REQUEST FOR WAIVER of Service sent to Ritz on 5/20/2019. Waiver of Service due by 6/19/2019. (tjk) |
| Filing 11 REQUEST FOR WAIVER of Service sent to Ahmed on 5/20/2019. Waiver of Service due by 6/19/2019. (tjk) |
| Filing 10 REQUEST FOR WAIVER of Service sent to Wexford on 5/20/2019. Waiver of Service due by 6/19/2019. (tjk) |
| Filing 9 REQUEST FOR WAIVER of Service sent to Kink on 5/20/2019. Waiver of Service due by 6/19/2019. (tjk) |
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Filing 8
Order for Service of Process: The Complaint shall proceed against WEXFORD, KINK, AHMED, SHAH, RITZ, STOVER, BALDWIN, BENTON, and CUNNINGHAM. MOTION for Recruitment of Counsel #4 is DENIED without prejudice and Motion for Service of Process at Government Expense #5 is DENIED as MOOT. Plaintiff's request for a temporary restraining order is DENIED without prejudice, but Plaintiff's request for a preliminary injunction is DEFERRED, and a hearing on the motion will be set in a separate court order. The Clerk of the Court is DIRECTED to complete service of process on WEXFORD, KINK, AHMED, SHAH, RITZ, STOVER, BALDWIN, BENTON, and CUNNINGHAM. Signed by Chief Judge Nancy J. Rosenstengel on 5/17/2019. (jrj)
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $8.53. 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 Lawrence Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 5/17/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-517-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 5/16/2019. (jaj)
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| Filing 5 MOTION for Service of Process at Government Expense by Martell Flippins. (jaj) |
| Filing 4 MOTION for Recruitment of Counsel by Martell Flippins. (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Martell Flippins. (jaj) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Martell Flippins. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Martell Flippins.(jaj) |
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